What is the ruling on one who assisted in aborting a fetus, whether it was two, three, or four months old, out of ignorance of its unlawfulness, and then regretted it? Is there a blood money (diyya) or expiation (kaffarah) due from him? And is there repentance for him? What is due from one who referred him, knowing of its unlawfulness and having advised him against it, especially given that he is in straitened circumstances and cannot afford the blood money or fasting for two consecutive months?
If an abortion occurs after four months of pregnancy, it is considered killing a soul, necessitating diyah (blood money) and kaffarah (expiation). The diyah is a ghurrah (a male or female slave) or its equivalent in value, which is five camels. As for the kaffarah, it is the freeing of a slave; if that is not possible, then fasting for two consecutive months. This differs from abortion before four months, where diyah or kaffarah are not obligatory, as the soul has not yet been breathed into the fetus.
If in a crime there is both an instigator and a direct perpetrator, the liability falls upon the direct perpetrator if they can be held responsible, as is the case here with the mother who intentionally took the medicine. However, if the direct perpetrator cannot be held responsible (e.g., if they are not legally competent), then the liability falls upon the instigator. Based on this, the mother bears the diyah and kaffarah, and the questioner (presumably the father or another involved party) only needs to repent.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/20903