Who is liable for the ransom payment?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The father is liable for the ransom if the child is born alive for a duration adequate for survival in that state, whether the child lives or dies subsequently.
Supporting text
Malik, Ath-Thawri, Abu Thawr, and the People of Opinion hold that there is no liability upon the father for children who die before the dispute arises, depending on the time established for the guarantee. A stillborn child or one born alive for less than six months for which no survival is expected has no required ransom due to having no discernible value.