What is the ruling on paying blood money for an abortion that occurred 19 years ago for a fetus 30-50 days old, and what is the share of each heir from 213 grams of gold, knowing that there are children of the perpetrator (siblings of the fetus), the deceased husband’s father, the perpetrator’s parents, and the fetus’s paternal uncles and aunts, and maternal uncles and aunts, and is it permissible to give the heirs their right without justification?
The blood money (diyah) for a fetus is one-tenth of the blood money for its mother, and it becomes obligatory if the pregnancy has passed the nutfah (sperm/zygote) stage, which is after forty days. If the doctor performed the abortion at the parents' request, then the doctor is obligated to pay the diyah. The parents do not inherit from the fetus's diyah because they were the cause of its killing; instead, the diyah is paid to the remaining heirs of the fetus. The diyah for a fetus is estimated at five camels, or fifty mithqals of gold (equivalent to 212.5 grams), or six hundred dirhams of silver (equivalent to 1785 grams), or ten cows, or one hundred sheep. The diyah is divided among the heirs present at the time of the abortion.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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