What constitutes the compensation (Ghurra) due for a miscarried fetus?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 1 · Bab 1

Open in Qurani

Primary text

The Ghurra is an enslaved male or female. This is the position held by the majority of scholars. The basis for this ruling is the judgment of the Messenger of Allah (peace be upon him) concerning a woman's miscarriage, which stipulated a Ghurra of a slave or a female slave. The reports mentioning a horse or a mule are considered an error unique to 'Isa ibn Yunus among narrators, and thus are disregarded, especially since the ruling regarding the mule is unanimously abandoned, and the horse is also abandoned based on the stronger, agreed-upon narration.

Supporting text

Some scholars, including 'Urwah, Taus, and Mujahid, held that the Ghurra could be a slave, a female slave, or a horse, citing a Hadith from Abu Hurairah where the Prophet (PBUH) judged the compensation for a fetus to be a slave, a female slave, or a horse or a mule.