What is the ruling regarding the *kaffarah* (expiation) for killing a fetus by striking the mother?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The majority of scholars, including Al-Hasan, 'Ata', Al-Zuhri, Al-Hakam, Malik, Al-Shafi'i, and Ishaq, hold that a fetus, whether alive or dead, incurs liability. Ibn al-Mundhir stated that every known scholar imposes the freeing of a slave along with the *ghurrah* upon the striker of a pregnant woman's abdomen. This is narrated from 'Umar. The evidence for the *kaffarah* is the saying of Allah: 'And whoever kills a believer intentionally, then the freeing of a believing slave and a compensation payment presented to his family...' (Quran 4:92) and '...a compensation payment presented to his family and the freeing of a believing slave...' (Quran 4:92). This fetus is presumed to be a believer by extension if its parents are, inheriting from believing heirs, and a non-believer inherits nothing from it. If from *Ahl al-Dhimma* (protected non-Muslims), they are under a treaty. Since the fetus's life is secured by *diyya*, freeing a slave is obligatory, similar to an adult. The omission of *kaffarah* in certain contexts does not negate its obligation, similar to the Prophet's statement, 'For a believing soul is one hundred camels,' where *diyya* is mentioned but *kaffarah* is omitted in some contexts.
Supporting text
Abu Hanifa ruled that *kaffarah* is not obligatory because the Prophet (PBUH) only mandated the *ghurrah* when mandating *diyya* for the fetus. The justification provided for the majority view is that the omission of *kaffarah* in some hadiths is because the Quranic verse sufficed by mentioning it in one context. If the struck woman miscarries multiple fetuses, a *kaffarah* is due for each fetus, just as a *ghurrah* or *diyya* is due for each.