Is the *ghurrah* due if only part of the fetus emerges from the mother's womb without full expulsion?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If some part of the fetus appears from the mother's abdomen but the rest remains inside, the *ghurrah* is due. This is the position of Al-Shafi'i. The reasoning is that the assailant has attacked the fetus, necessitating the *ghurrah*, similar to a full expulsion. This differs from the case where nothing appears, as in that case, neither the killing nor the existence of the fetus is confirmed.
Supporting text
Malik and Ibn al-Mundhir maintain that the *ghurrah* is not due until the woman expels the fetus entirely, arguing that the Prophet, peace be upon him, only obligated the *ghurrah* for a fetus that was expelled, and since nothing was expelled, it is akin to a case where nothing appeared.