What is the ruling if an animal's pregnancy is terminated by an assault on its owner?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 10 · Bab 1

Open in Qurani

Primary text

If one injures a beast causing it to abort its fetus, the liability is the reduction in its value, according to the majority of scholars. This is because the injury to the beast is assessed based on the loss it incurs. The beast's fetus is part of its overall value, similar to its other parts.

Supporting text

Abu Bakr held that the liability is one-tenth of the mother's value, likening it to the fetus of a female slave. This is rejected because the injury to a slave is assessed from her value, and the beast is distinct as it is not a human being, whose body parts are assessed according to its *diyya*.