Is a man who is psychologically ill liable for the blood money (diyya) of a fetus whose mother aborted it in her eighth month of pregnancy after he severely beat her?
Whoever causes a living woman to abort her fetus through beating or terrorizing is liable for the fetus's blood money (diyah), which is a ghura (a male or female slave) valued at one-tenth of the mother's blood money. However, if the mother is a non-Muslim and the fetus is from a Muslim, then the blood money is one-tenth of that for a free Muslim woman, which is five camels, or fifty dinars, or five hundred dirhams. Scholars differ on whether this blood money is obligatory upon the 'Aqilah (male agnates) or solely upon the perpetrator. Whoever causes his wife's fetus to abort through beating is liable for the fetus's blood money and has no share in it. He is also required to offer the expiation for killing, which is freeing a believing slave; if he cannot find one, then he must fast for two consecutive months.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 32415
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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