Is a master liable for the death of a fetus if he strikes his female slave who subsequently miscarries after he frees her?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
Liability for the death of the fetus is not established if a master strikes his female slave, subsequently frees her, and she then miscarries a dead fetus. This is based on the established view of Abu Bakr. The reasoning is that the initial injurious act was not subject to liability (as she was a slave), and therefore its resulting consequence, the miscarriage, is also not subject to liability. This is analogous to the case where an apostate man becomes Muslim and then dies; no liability follows the initial state. Furthermore, the death of the fetus is considered potentially caused by the blow while she was his property. No new event occurred after the manumission that would necessitate liability.
Supporting text
According to the view of Ibn Hamid, the master owes a Guwarrah (a specific form of compensation for fetus death, specified as one-twentieth the value of the mother). Liability is determined by the state of the injury when it becomes final (i.e., while she was a slave).