To whom is the blood money (diyah) paid for an illegitimate fetus aborted at four months, and who are its inheritors if the fornicator has no children, but has a mother, a grandmother, three brothers, four sisters, and maternal aunts?

The crime of adultery does not justify the crime of abortion. Once the fetus develops beyond the nutfah (sperm/zygote) stage, blood money (diyah) for the fetus becomes obligatory. If the mother intentionally aborts her fetus, she is not entitled to any of its inheritance. She is obligated to pay the blood money for the fetus to its other heirs. In this specific case, these heirs are its maternal grandmother (her mother's mother), who receives one-sixth, and the remaining portion goes to its maternal uncles (male maternal relatives who are asabah of the mother). Maternal aunts receive nothing because they are asabah bi al-ghayr (residuaries by virtue of another). Scholars have differed regarding the inheritance of a child born out of wedlock. Ibn Mas'ud and others held the view that its mother is its asabah, and if she is not, then her asabah are its heirs. As for Malik and Al-Shafi'i, they stated: If its mother was a mawlah (freed slave), then any surplus after her share goes to her mawali. If she was an Arab woman, then the remainder goes to the public treasury (Bayt al-Mal). Al-Shawkani affirmed that its inheritance belongs to its mother and her relatives. Based on the preponderant opinion that the mother is the asabah of her child born out of wedlock, if the mother is absent, then her asabah are the heirs. The term asabah here refers to asabah bi al-nafs (residuaries by themselves) and not asabah bi al-ghayr (residuaries by virtue of another).