What is due if a blow causes the expulsion of a hand followed by a fetus?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If the expulsion of the hand and the fetus are close together, or if the woman remained in pain until the expulsion, the hand's guarantee is included in the fetus's guarantee, presuming the blow severed the hand and the effect spread to the fetus, similar to severing a man's hand and the injury affecting his body. If the fetus fell dead, or alive but incapable of surviving, *ghurrah* is due. If it fell alive temporarily, full *diyya* is due. If it survived, the striker is liable only for the hand's *diyya*, as if the severed hand healed.
Supporting text
If the hand was expelled, pain ceased, and then the fetus was expelled later, only the hand is guaranteed, similar to a severed hand that heals, and the owner dies later. If the fetus fell dead, or alive temporarily, the hand incurs half a *ghurrah* because the entire fetus warrants a *ghurrah*, so half its value applies to the hand. If it fell alive and survived, or died, and a period passed between the hand's expulsion and the fetus's, experts (*qawabil*) must be consulted. If they state the hand belonged to one without life created within, half a *ghurrah* is due. If they state it belonged to one with life created within and six months passed, half a *diyya* is due. If they state life was created but six months have not passed, half a *ghurrah* is due, as it is the hand of one for whom no more than a *ghurrah* is due. If the matter is unclear, half a *ghurrah* is due, being the certainty, as the excess is doubtful.