Is the *ghurrah* (restitution for an unborn child) due if a blow causes miscarriage?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The *ghurrah* is obligatory only if the fetus is expelled as a direct result of the blow, confirmed either by immediate expulsion or by the fetus being expelled shortly after while the mother remains in pain. This position is held by Malik, Qatadah, Al-Awza'i, Al-Shafi'i, Ishaq, and Ibn al-Mundhir. The evidence dictates that the ruling pertaining to a born child, such as inheritance or making a will, does not apply until emergence. Furthermore, if movement ceases due to the blow, liability for the fetus is not established because the movement could have been due to gas, and liability is not established based on mere doubt.
Supporting text
Al-Zuhri held that the *ghurrah* is due because the presumption is that the fetus was killed by the blow, necessitating the *ghurrah* just as if the fetus was expelled.