include any of the other signs. Others adopt a broader approach, counting as istihlal every indication that the newborn is alive. This is the stronger view, for some scholars understand istihlal to cover movement and similar actions in addition to crying. Even if one were to confine the term strictly to vocal sound, that would still not bar the use of the other signs as evidence. Allah knows best.
How the Fetus Is Allotted an Inheritance
When a fetus is among the heirs and the heirs ask that the estate be divided before the child is born and its entitlement confirmed or denied, the proper course is to wait until the outcome of the pregnancy is known, thereby avoiding dispute and allowing the distribution to be carried out once, in a single step.
If the heirs refuse to delay until the birth, may they nevertheless proceed with the division? The scholars (may Allah have mercy on them) hold two opinions:
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They are not to be permitted, because the fetus’s situation is uncertain: its condition is unknown and the various possibilities regarding it could greatly change both its own share and the shares of the other heirs.
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The heirs may be allowed to go ahead and are not compelled to wait, for delaying could harm them—some may be poor and a pregnancy can be prolonged. Precaution is taken for the fetus by reserving a portion that guarantees its rightful share; thus there is no need to postpone the division.
This latter opinion appears to be the sounder one. Its proponents, however, differ over how much should be set aside, for Allah alone knows the true nature of the fetus in the womb.