What is the liability for injuring a pregnant animal such that the fetus is lost?

Chapter on Ransom (Fidyah) and Penalty for Hunting

Al-Mughni

Book of Hajj

Book 11 · Issue 2 · Bab 6

Open in Qurani

Primary text

If injury to a pregnant animal results in the fetus being expelled dead, the liability is limited to the depreciation in value of the mother animal due to the injury, similar to a simple wound on the mother. If the fetus exits alive for a duration that comparable fetuses can sustain life, the offender is liable for a substitute fetus. If the fetus exits alive but only for a period shorter than what comparable fetuses can sustain, the ruling is the same as if it were stillborn, analogous to the fetus of a human being.