What compensation is due if a slave woman's abdomen is struck, she is subsequently freed, and then she miscarries the fetus?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
According to Ibn Hamid and Al-Qadi, the compensation due is the Ghurra. However, Abu Bakr and Abu Al-Khattab argue that one-tenth of the mother's value (as a slave) is due, because the injury occurred when the fetus was legally a slave. The former position can be supported by the fact that the fetus's freedom could be established subsequently, while the latter position holds that the physical injury likely caused the demise before emancipation could be confirmed.
Supporting text
If the ruling favors the former view (Ghurra), the compensation belongs to the former master, and the master is entitled to the lesser of either the Ghurra or one-tenth of the mother's value. If the Ghurra is greater, the master does not receive the excess, as the increase resulted from the newfound freedom which removed ownership. If one-tenth of value is less, the master receives only that amount, as any deficit stems from the emancipation.