When should the value of the mother be assessed for determining the compensation of a dead slave fetus?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 3 · Bab 1

Open in Qurani

Primary text

The value of the mother must be assessed on the day the injury was inflicted upon her. This is explicitly stated by Al-Shafi'i. The basis is that since no intervening event occurred between the injury and the final state that would necessitate changing the بدل (substitute compensation) for a life, the assessment must relate back to the moment of the injury, similar to when an injury is inflicted upon a slave, and subsequently, the market value decreases due to supply increase; the compensation remains based on the price at the time of injury. Furthermore, the mother's value is diminished by the injury itself, so she should not be valued in a state diminished by the injurious act, similar to cases where an injury leads to death or lingering illness.

Supporting text

Some of Al-Shafi'i's followers argue that the valuation should be determined at the time the fetus was aborted, as the standard for assessing injury compensation relies on the establishment of the consequence (Al-Istiqlal).