Chapter on the Inheritance of the Fetus

If someone¹ dies leaving a fetus that stands to inherit from him, and the remaining heirs ask that the estate² be divided, it is divided, but the largest possible share for the fetus is withheld—namely, whichever is greater of the portion due to two males or to two females. Those whose shares are not reduced by the fetus receive their full portions, whereas those whose shares would be diminished receive the minimum that could fall to them. Anyone whom the fetus would completely exclude is given nothing. When the child is born, he or she takes the appropriate share and whatever remains is returned to its rightful claimant.

The fetus inherits only if it⁴ displays a sign of life⁵—such as crying aloud, sneezing, breathing, or any other clear indication like sustained movement.

Should part of the child emerge, then it cries out but is fully delivered lifeless, it does not inherit.