What is the ruling on liability for a miscarriage caused by a woman being summoned by an authority figure?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The Sultan or authority figure sending for a woman who subsequently miscarries a dead fetus is liable for the *gharra* (a fine or compensation). This ruling is established by the precedent of 'Umar ibn Al-Khattab, may Allah be pleased with him, who summoned a woman, causing her fright, leading to her labor and the subsequent death of the child after two cries. 'Ali ibn Abi Talib advised that the *diya* (blood money) was incumbent upon 'Umar because his act of frightening her caused the miscarriage. 'Umar agreed with this assessment, and the ruling is that liability exists because a life (the fetus) was lost due to the summons, similar to direct injury.
Supporting text
Some Companions initially suggested that 'Umar bore no liability, arguing that he was merely a guardian and instructor. However, 'Ali's opinion prevailed.