What is the ruling if a slave woman miscarries a clump of flesh (Mudghah) with no discernible human features?

General Chapter

Al-Mughni

Book of Freeing Mothers of Children

Book 69 · Issue 5 · Bab 1

Open in Qurani

Primary text

If a slave woman delivers a Mudghah (clump of flesh) showing no human features, and trustworthy midwives testify that a hidden form exists within it, the legal rulings apply because they discerned the hidden form. If there is no testimony but it is known to be the beginning of human creation, there are differing narrations from Imam Ahmad. One narration states that the slave does not become an Umm Walad, the waiting period (Iddah) for a free woman does not conclude, and no blood money (Ghurrah) or expiation is due for causing its loss. This aligns with the apparent view of Al-Kharqi and Al-Shafi'i. The second narration states that the four rulings are attached because it is the beginning of human creation, similar to cases where features are apparent.

Supporting text

A third narration suggests the slave becomes Umm Walad, but the Iddah of a free woman does not conclude. This is derived from a report that Imam Ahmad advised caution regarding Iddah and the freeing of the slave if midwives felt flesh but features were not apparent, implying the freeing takes precedence over the Iddah, as freeing leads to liberty while the Iddah imposes restrictions.