What is the liability if two partners strike their jointly-owned female slave, they both free her, and she subsequently miscarries a dead fetus?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 2 · Bab 1

Open in Qurani

Primary text

Based on the view of Abu Bakr, each partner owes the other partner half of one-tenth the value of the mother (half the Guwarrah). This is because each partner committed an injury against the fetus, and his own half of the fetus is extinguished from his liability. He is thus only liable for the half belonging to his partner, calculated based on the value of the mother at the time of the injurious act.

Supporting text

According to Ibn Hamid's view, each partner owes half of the full Guwarrah. The mother inherits one-third of this compensation, and the remainder passes to the heirs. The killer (the partner) inherits nothing from the compensation.