What is the liability for a miscarriage caused by the usurper striking the slave girl's abdomen?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 8 · Bab 1

Open in Qurani

Primary text

If the usurper strikes the slave girl's abdomen causing her to miscarry a dead fetus, he owes one-tenth of her mother's value. If a non-owner strikes her abdomen causing the same, the owner may hold either the usurper or the striker liable. If the usurper is held liable, he may seek recourse against the striker. If the striker is held liable, he has no recourse against anyone else because the act of destruction originated with him, so the liability rests solely upon him. If the slave girl dies, he owes her full value, which includes compensation for the loss of virginity and loss due to childbirth, but does not include compensation for her offspring or her stipulated Mahr. These rulings apply whether she was coerced or consented, as these are rights belonging to the owner and are not nullified by her consent.