for the child to emerge, it turns over so that its head is the first part to come out. This turning is no easy matter: the space is narrow, and the womb is a sac of nerves and blood vessels. There is no doubt that it involves severe pain. Were it not that Allah, Most High, has surrounded the child with the placenta, which facilitates its turning, the matter would be extremely difficult.
The scholars have said: He should be placed into the grave as he emerged from his mother’s womb—that is, we lower him in head first, so that the head which first witnessed this world is the one that first departs from it.
In any case, if a woman is seized by labor pains and then makes a gift while in labor, it is counted against one-third of her estate, because she is in danger. Her ruling is that of a person suffering from a life-threatening illness. Although, by Allah’s blessing and favor, survival is far more common than death, the scholars say that this can be a cause of death, and it would not be surprising if she were to die in labor. Thus, it is deemed life-threatening until she is delivered safely.
His statement, “His donation of anything to an heir is not binding”: the phrase “is not binding” is the apodosis of the conditional clause in his statement, “if it is life-threatening.” Accordingly, it may be read either in the indicative or the jussive: “is not binding” or “be not binding.” This is because, when the verb of the conditional clause is in the past tense, the present-tense verb in the apodosis may be in the indicative. This differs from when the verb of the conditional clause is in the present tense, in which case it is less acceptable for the apodosis to be in the indicative. Ibn Malik says in the Alfiyyah:
After a past-tense verb, placing the apodosis in the indicative is sound;
But placing it in the indicative after a present-tense verb is weak.
His statement, “His donation of anything to an heir is not binding,” means that if he makes a donation of something to one of his heirs, it is not binding; that is, the heirs have the right to object to it.