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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 12 · Page 80

Translation · EN

makes the one who strikes the abdomen of a woman causing her to miscarry a fetus liable for the emancipation of a slave in addition to the ghurra. This has been narrated from 'Umar, may Allah be pleased with him. Abu Hanifa said: The expiation (kaffara) is not due, because the Prophet (peace and blessings of Allah be upon him) did not make the expiation mandatory when he made the ghurra mandatory. Our argument is the statement of Allah Almighty: "And whoever kills a believer by mistake, then the freeing of a believing slave [is required]" (Qur'an 4:92). He also said: "And if he was from a people between whom and you there is a treaty, then a blood money (diya) delivered to his family and the freeing of a believing slave [is required]" (Qur'an 4:92). This fetus, if it is from two believers, or one of its parents is a believer, is ruled to be a believer by way of attachment; its believing heirs inherit from it, and a disbeliever does not inherit anything from it. If it is from the People of the Covenant (Ahl al-Dhimma), then it is from a people between whom and us there is a treaty. Furthermore, because it is a soul guaranteed by blood money, the slave-emancipation becomes mandatory for it, just as for an adult. Leaving out the mention of the expiation does not prevent its obligation, similar to his saying, peace be upon him: "For a believing soul, there are one hundred camels." He mentioned the blood money in several places and did not mention the expiation, and because the Prophet (peace and blessings of Allah be upon him) decreed the blood money of the slain woman upon the 'aqila (kinsmen) of the slayer and did not mention an expiation, yet it is mandatory, so it is the same here. It is only like that because the verse dispensed with the need to mention the expiation in another place, so it was considered sufficient. If the woman who was struck casts out multiple fetuses, then for every fetus there is an expiation, just as for every fetus there is a ghurra or blood money. If a group participates in striking a woman and she casts out a fetus, its blood money or ghurra is upon them in proportion, and upon each one of them is an expiation, just as if a group killed a single man. If she casts out multiple fetuses, their blood moneys are upon them in proportion, and upon each one for every fetus is an expiation. So, if three people struck the abdomen of a woman and she cast out three fetuses, nine expiations are due upon them, three upon each one.

Notes

(1) In [B], [M]: "awjaba" (he made mandatory). (2) See: what preceded in: 11/463. (3) Surah al-Nisa': 92. (4) Omitted from: [B], [M]. (5) In [B]: "fawajabat" (so it became mandatory). (6) Its source was provided earlier, on page 5. (7) Its source was provided earlier, in: 11/463. (8) In [B]: "bi-ajinna" (with multiple fetuses).

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