Points derived from the ḥadīth:

1. A fetus that is later born inherits only when two conditions are met:
   • First: it must be certain that the fetus was already in the womb at the moment the deceased passed away, even if it was no more than a fertilised drop (nutfah).
   • Second: the child must be delivered alive with a stable, viable life.

   The “stable life” intended here is what this ḥadīth points to: the appearance of any unmistakable sign of life—such as crying out, suckling, sustained breathing, continuous movement, or sneezing—all of which prove that the life is viable. This is the position of the three Imams: Abū Ḥanīfah, al-Shāfiʿī, and Aḥmad.

   Accordingly, the istihlāl mentioned in the report refers to the newborn’s raising its voice in crying at birth or any similar indication of a stable life.

2. If these two conditions are missing—either because no fetal existence at the time of the deceased’s death can be established, or because the fetus was present but died before delivery, or because it is born with only an unstable flicker of life, such as a faint breath or spasmodic movement—then it does not inherit, for in law it is counted among the dead.

3. The jurists say: when someone dies leaving heirs that include a fetus, if the heirs agree to keep the estate intact, it should remain undivided until the child is born; this is preferable so the division happens only once. If they insist on dividing the estate and the fetus’s share would differ depending on sex, the greatest possible share is set aside—either the maximum that could belong to two male children or the maximum that could belong to two female children—because twins are common, whereas more than two is rare, and nothing is reserved for a number beyond that.

4. Once the child is born and qualifies to inherit as explained above, the portion that had been held in abeyance is given to him or her, and the remainder goes to its rightful recipients.