What is the ruling on aborting a fetus that is 98 days old after an illegitimate pregnancy, and is expiation or blood money obligatory upon her, and to whom is it paid, if it exists?
The woman's act of seeking an abortion is a grave sin for which she must repent. She is not obligated to pay the blood money (diyya) if she did not directly perform the abortion. As for expiation (kaffara), scholars differ on its obligation for killing the fetus, but it is more cautious to perform it. As for the midwife who directly performed the abortion after the fetus had formed, she is obligated to pay the blood money (ghurrah), which is one-tenth of the mother's blood money. This is to be paid to the male relatives (ʻasaba) of the fetus, and the mother is not entitled to any part of it. Scholars differ on the obligation of expiation for the midwife, but it is more cautious to perform expiation.
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