What is the ruling regarding the delivery of an embryo (Mudhghah) in which the human form is not yet discernible?

General Chapter

Al-Mughni

Book of Waiting Periods ('Iddah)

Book 44 · Issue 3 · Bab 1

Open in Qurani

Primary text

If a woman delivers a clot of blood (Mudhghah) in which the form is not apparent, and credible female midwives testify that there is a subtle form indicating it is a human creation, it is treated as the first case, and the waiting period is terminated because it has been established by experts that it is a fetus. However, if the midwives testify that it is the beginning of a human creation without any discernible form, there is a difference of opinion recorded from Ahmad. One report states the waiting period is not terminated, but the female slave becomes an *Umm Walad* (mother of a child). The sounder view is that if the nature of the waiting period was not explicitly mentioned in this context, it remains unaffected, as the certain requirement (Iddah) is not lifted based on a doubtful matter. If the midwives do not testify that it is the beginning of human creation, the waiting period is not terminated, nor does she become an *Umm Walad*, as it is not established as a fetus by sight or testimony, resembling an *Alaqah* (clot).

Supporting text

Some Hanbali scholars suggested that based on the ruling of it becoming an *Umm Walad* (in one narration), the waiting period might terminate, as it has been witnessed to be a human creation, similar to when the form is visible. However, the correct understanding is that this specific narration did not address the ruling on the waiting period.