What is the ruling regarding compensation (*ghurra*) if a pregnant woman suffers a blow causing the fetus to be miscarried?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 1 · Bab 5

Open in Qurani

Primary text

Compensation (*ghurra*) due to a miscarriage resulting from a blow inflicted upon a pregnant woman must be paid by the striker, and this compensation is inherited from the fetus as if it had been born alive. This is the established position held by Malik, Abu Hanifa, Al-Shafi'i, and the remainder of the jurists. The obligation exists because the *ghurra* is a substitute (*badal*) for the fetus; thus, the heirs of the fetus inherit the substitute. The requirement that an heir must be alive at the time of the deceased's death does not apply here because the compensation is due in place of the fetus, not directly inherited by the fetus itself.

Supporting text

A dissenting view, which is considered an anomaly upon which no reliance is placed, is narrated from Rabi'ah and Al-Layth regarding this matter.