What is due if a master frees his slave woman's fetus alone, and she subsequently miscarries?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If the master emancipates only the fetus and the fetus is delivered alive for a period of time that allows survival, the full blood money (Diyya) for a free person is due, as explicitly stated by Ahmad. If the fetus is delivered for a duration too short for typical survival, the Ghurra is due, based on the view of Ibn Hamid, because the fetus is considered free. According to Abu Bakr, one-tenth of the mother's value is due.
Supporting text
If the fetus is delivered dead, one-tenth of the mother's value is due, as the fetus's life status at the moment of emancipation cannot be confirmed as being alive. A probable alternative view suggests the Ghurra is due, as the default assumption is the continuation of its life, equating it to the case where the mother herself is freed.