What is the liability for harm caused by the son of a freed slave whose father was a slave, if the father subsequently gains freedom, leading to the woman miscarrying and dying?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 1 · Bab 1

Open in Qurani

Primary text

There is a possibility that the diya (blood money) for both the fetus and the woman is due from the estate of the perpetrator (the son). Alternatively, it might be incumbent upon the mawla (patron) of the mother and his agnates, according to the derivation following Abu Bakr's view, considering the state of the injury at the time. Following Ibn Hamid's derivation, the liability rests upon the mawla of the father and his relatives, considering the state at the time of the miscarriage.