Is the *Ghurra* (blood money for a fetus) inherited by the fetus's heirs?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The *Ghurra* is inherited by the fetus's heirs as if the fetus was born alive, because it is a compensation (*diyah*) and substitute for the fetus. This position is held by Malik, Al-Shafi'i, and the Ahl al-Ra'y (Hanafi scholars). The evidence is that the *Ghurra* is the *diyah* of a free human life, thus it must be inherited by the heirs, similar to a case where the fetus is born alive and then dies. This principle holds true because every soul guaranteed by *diyah* is inheritable, like the *diyah* of a living person.
Supporting text
Al-Layth holds that the *Ghurra* is not inherited, but rather it is compensation due to the mother, treating the fetus as a limb belonging to her, similar to her hand.