Is the compensation paid for a miscarried fetus inherited by the fetus's heirs?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 2 · Bab 5

Open in Qurani

Primary text

The compensation (*ghurra*) due for a miscarried fetus is inherited by the fetus's heirs because this compensation is considered a substitute (*badal*) for the fetus itself. The condition that the heir must be alive at the time the person whose estate is being inherited dies does not apply to the fetus inheriting this specific due, as there is doubt concerning the fetus's vitality at the moment of the injury, making direct inheritance questionable.