The fetus of a free woman

Sayyiduna Abu Hurayrah (may Allah be pleased with him) said that the Messenger of Allah (peace and blessings be upon him) ruled, in a case of causing the miscarriage of the child in a woman's womb, a male slave or a female slave. The person against whom he (peace and blessings be upon him) had ruled began to say: "Is blood money to be paid for one who neither drank anything nor ate anything, nor cried out loud? Blood like this goes unavenged!" At that, the Messenger of Allah (peace and blessings be upon him) said: "Indeed, this man speaks the way a poet speaks. In any case, for destroying the child in the womb a ghurrah, that is, a male slave or a female slave, must be given."

Sayyiduna al-Miswar bin Makhramah (may Allah be pleased with him) said that Sayyiduna Umar bin al-Khattab (may Allah be pleased with him) was consulting people about the destruction of the child in a woman's womb before birth, as to what the blood money would be in that case. Sayyiduna al-Mughirah bin Shu'bah (may Allah be pleased with him) said: "I was present with the Prophet (peace and blessings be upon him), and he (peace and blessings be upon him) ruled in this matter a ghurrah, that is, a male slave or a female slave." Sayyiduna Umar said to him: "Bring someone who will bear witness to this ruling with you." So Sayyiduna Muhammad bin Maslamah (may Allah be pleased with him) bore witness in his favour.

Ata said that the Messenger of Allah (peace and blessings be upon him) said: "For destroying the child in a woman's womb there shall be a ghurrah, that is, a male slave, a female slave or a mule."

Hisham said that his father Urwah said that for destroying the child in a woman's womb, a male slave, a female slave or a horse must be paid.

Ash'ath said that Imam al-Sha'bi said that ghurrah means a male slave or a female slave, which shall go to the mother of the destroyed child or to its close relative.

Ash'ath said that Ibn Sirin and al-Hakam both said that for destroying the child in the womb of a free woman, a male slave or a female slave must be given.

Muhammad bin Qays said that Imam al-Sha'bi said, concerning a man who struck the belly of his wife so that she miscarried: A ghurrah, that is, a male slave or a female slave, is due from him; he is an heir to it, and she is an heir to him (the child).

Layth said that Tawus and Mujahid both said that ghurrah means a male slave, a female slave or a horse.

Layth said that Mujahid said that ghurrah means a male slave, a female slave or a horse.

Al-Mughirah said that Ibrahim said, concerning a woman who drank a medicine and miscarried her pregnancy: That woman shall free a slave and give the father of the child a ghurrah, that is, a male slave or a female slave.

Sayyiduna Jabir bin Abdullah (may Allah be pleased with him) said that the Prophet (peace and blessings be upon him) said: For the ghurrah, a male slave or a female slave is given.

Jabir said that Amir said: At the very origin of every pregnancy there is a ghurrah, that is, a male or female slave.

He said: And al-Hakam said: In the early stage of pregnancy there will be a settlement until the child's form becomes evident.

Waki' said: The view of al-Hakam is preferable to the view of al-Sha'bi.