What liability arises when multiple people strike a woman causing a miscarriage?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 9 · Bab 1

Open in Qurani

Primary text

If a group strikes a woman causing one miscarriage, the *diyya* or *ghurrah* is apportioned among them, and a *kaffarah* is incumbent upon each striker, similar to when a group kills one person. If they cause the miscarriage of multiple fetuses, their *diyyas* are apportioned, and each person owes a *kaffarah* for every fetus. If three men strike a woman causing three miscarriages, they owe nine *kaffarahs*, three for each striker.

Supporting text

The mother who caused the miscarriage through her own actions does not inherit from the *ghurrah*, and she must free a slave. This is agreed upon unless one does not hold the freeing of a slave obligatory. This is because she caused the miscarriage through her transgression, making her liable for the *ghurrah*, like if another caused injury to the fetus, and the killer does not inherit from the killed. The *ghurrah* goes to the other heirs, and she owes the freeing of a slave. If the striker who caused the miscarriage is the father or another heir, he owes the *ghurrah*, inherits nothing from it, and must free a slave.