When is the death of the fetus established as being caused by the blow, obligating the perpetrator?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The obligation to compensate arises only when the death of the fetus is known to be a result of the blow. This occurs if the fetus is expelled dead immediately, or if it remains suffering until death, or if the mother remains suffering until she expels it, thus proving death by the injury, similar to striking a man who dies immediately or remains suffering until death.
Supporting text
If the mother delivers the fetus alive, and another person subsequently kills it while it still possesses stable life, the second person is liable for retaliation (qisas) if it was intentional homicide, or the full diya if not. If the movement was like that of a slaughtered animal (no stable life), the first assailant is solely responsible for the full diya, and the second person receives disciplinary action (ta'dib). If the fetus is delivered alive and remains well without pain for a period, the initial assailant is not liable because the apparent cause of death is not the original injury.