the clan (aqilah). And because crying out (istihlal) only occurs from a living being, whereas movement can occur from one that is not alive, for the flesh twitches, especially if it emerged from a narrow place and its parts were compressed, then it emerged into a spacious place; it moves without life within it. Furthermore, even if there were life in it, we do not know it to be stable, due to the possibility that it is like the movement of a slaughtered animal, for animals move severely after slaughtering, yet they are in the ruling of the dead. There is disagreement regarding what crying out (istihlal) is. It was said: It is specifically screaming. This is the view of those we have mentioned in this issue. Abu Talib narrated it from Ahmad, saying: None shall inherit except one who cried out, screaming. The term 'istihlal' for the infant's scream is used metaphorically. The origin of the term is that when people saw the crescent (hilal), they would shout upon seeing it and gather, and show it to one another; thus, the sound made upon the appearance of the crescent was called 'istihlal'. Then the sound from the newborn infant was called 'istihlal' because it is a sound made upon the presence of something for which people gather and rejoice. Yusuf ibn Musa narrated from Ahmad that he said: The fetus inherits and is inherited from if it cries out (istahalla). It was said to him: What is its 'istihlal'? He said: When it screams, sneezes, or cries. Thus, according to this, every sound it produces from which its life is known is 'istihlal'. This is the view of al-Zuhri and al-Qasim ibn Muhammad, because it is a sound by which its life is known, so it resembles screaming. There is a third narration from Ahmad: if its life is known by sound, movement, suckling, or otherwise, it inherits and the rulings of one who cries out (mustahill) are established for it, because it is alive, so the rulings of life are established for it, just as for the one who cries out. This is what al-Thawri, al-Awza'i, al-Shafi'i, Abu Hanifah and his companions, and Dawud held. If part of it emerges alive and it cries out, then the rest of it separates dead, it does not inherit. This is what al-Shafi'i (may Allah be pleased with him) held. Abu Hanifah and his companions said: If the majority of it emerges and it cries out, then dies, it inherits, based on his (peace and blessings of Allah be upon him) statement: "If the newborn cries out, it inherits." To us, the argument is that not all of it emerged, so it resembles the case where it dies before the majority of it emerges.