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The blood money for a fetus that is expelled dead because of an assault is a ghurrah — a male or female slave. The jurists have set the value of this ghurrah at five camels. It is inherited from the fetus just as if he had been born alive. The diyah of the fetus is borne by the killer himself, not by his ʿāqilah, because it is less than one-third of a full diyah, and whatever is below one-third is not charged to the ʿāqilah.
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The diyah becomes part of the estate after the victim’s death, for it is the substitute for his very life; the ʿāqilah have no share in it.
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The scholars state that the Prophet ﷺ disapproved of the rhyme-prose used by Ḥamal ibn al-Nābighah for two reasons:
• First, he used it to oppose and attempt to nullify the ruling and law of Allah Most High.
• Second, he contrived those rhyming phrases to champion falsehood, just as the soothsayers marketed their spurious claims with appealing rhymes that captivated listeners and swayed hearts and ears.
If, however, rhyme-prose occurs without such affectation and is not intended to support falsehood, it is not blameworthy. Examples can be found in the Prophet’s own words, for he addressed the Anṣār saying, “Indeed, you are few when there is greed, but many when there is fear.” He also said in his supplication: “O Allah, I seek refuge in You from knowledge that does not benefit, from a word that is not heeded, from a heart that does not humble itself, and from a soul that is never satisfied. I seek refuge in You from these four.” (Reported by Muslim 2722).
Decision of the Council of Senior Scholars on Abortion of the Fetus
Decision no. (140), dated 20/6/1407 AH:
Praise be to Allah alone, and blessings and peace be upon the Prophet after whom there is none, Muhammad, and upon his family and Companions. To proceed:
The Council of Senior Scholars, in its twenty-ninth session convened in Riyadh from 9/6/1407 AH until the close of 20/6/1407 AH, has