What is the liability when an unjust summons leads to the death of the fetus or the woman?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 4 · Bab 1

Open in Qurani

Primary text

If a person unjustly summons a woman, and she miscarries or dies from fright, the *diya* falls upon the *aqilah* (paternal relatives responsible for blood money) of the summoner, provided the summoner was the aggressor. However, if the woman herself was the aggressor in the initial situation and was summoned before the judge (Hakim), the summoner is not liable for her death, as he was enforcing his right, akin to *qisas* (retaliation). Nevertheless, the summoner remains liable for the fetus because its loss resulted from his action, resembling a scenario where retribution was exacted upon her.