What is the liability if a third party strikes the pregnant slave's abdomen causing a stillbirth?

Chapter on Selling the Musarrah (Animal with milk retained in udder)

Al-Mughni

Book of Sales

Book 12 · Issue 3 · Bab 5

Open in Qurani

Primary text

If a non-owner strikes her abdomen and she aborts a stillborn fetus, the striker is liable for the *ghurrah*. This *ghurrah* is the lesser of a male or female slave or the monetary value of the fetus on the day of miscarriage. This liability is limited to the lesser amount because the *ghurrah* stands in the place of the fetus being born alive, making the seller liable for its value. If the *ghurrah* value exceeds the fetus's market value, the excess belongs to the fetus's heirs, as it is attained through freedom. If the *ghurrah* is less than the value, the striker is not liable for more than the *ghurrah* because that is the extent of his liability stemming from his action.

Supporting text

If the original buyer strikes her abdomen causing a stillbirth, he owes the *ghurrah* but inherits nothing from it, and the master receives the lesser of the two amounts, as previously specified.