its father’s blood money; the two amounts are equal. The same follows from al-Shāfi‘ī’s position, except that he considers the blood money for a Christian, a Jew, or a Magian to be equal to that for a Muslim.
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As for the fetus of a slave woman by someone other than her master, if it is born alive and then dies, compensation equal to its value is due, however high that value may be. There is no disagreement among the scholars on this. If, however, it is delivered dead, there is considerable disagreement. Mālik and al-Shāfi‘ī held that one-tenth of its mother’s value is due. Abū Hanīfa said: “If it is male, one-twentieth of the value it would have had alive is due; if it is female, one-tenth of the value she would have had alive is due.” The scholars of al-Imlā report from Abū Yūsuf that compensation equals the reduction in its mother’s value, as with the fetuses of livestock. Hammād said: “Compensation is to be assessed by judgment,” which is close to Abū Yūsuf’s opinion. Sa‘īd ibn al-Musayyab said: “Ten dinars are due.”
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They disagreed concerning a fetus delivered dead after its mother has died from a blow to her abdomen. Mālik, al-Shāfi‘ī, and their followers said: “Neither a ghurra nor any other compensation is due for it if she delivers it dead after her death.” Rabī‘a and al-Layth ibn Sa‘d held that a ghurra is due. This was also reported from Ibn Shihāb, and it is the opinion of Ashhab among our scholars.
They unanimously agreed that if someone strikes the abdomen of a dead woman and her fetus is expelled dead, no compensation is due for it. They likewise agreed that if she dies from the blow without delivering the fetus, no compensation is due for it.
On the view that a ghurra is due only if the blow causes her to deliver a dead fetus while she is still alive, they disagreed about the case in which she dies after part of the fetus has emerged. Ibn Sha‘bān related two opinions on this: first, that a ghurra is due; and second, that a ghurra is not due unless the entire fetus emerges before her death.
The correct view is that no compensation is due for a fetus delivered dead after its mother’s death, as Mālik—may Allah have mercy on him—held. And Allah grants success.