The Ruling on Blood Money for Aborting a Fetus Before the Soul Is Breathed Into It
Machine translationRead the Arabic original
Question:
Honorable Shaykh, is blood money obligatory for every fetus that is aborted, or is that specific to the one into whom the soul has been breathed?
Answer:
This is regarding the fetus that was killed. As for the one into whom the soul has not been breathed, no killing has occurred in its case, because the soul has not been breathed into it. The obligation of the *ghurrah* (compensation) applies to the one into whom the soul has been breathed, because it is he who is described as having been killed. As for the one into whom the soul has not been breathed, he is not alive in the first place, so you do not find any religious obligation regarding him. Yes.
Honorable Shaykh, is blood money obligatory for every fetus that is aborted, or is that specific to the one into whom the soul has been breathed?
Answer:
This is regarding the fetus that was killed. As for the one into whom the soul has not been breathed, no killing has occurred in its case, because the soul has not been breathed into it. The obligation of the *ghurrah* (compensation) applies to the one into whom the soul has been breathed, because it is he who is described as having been killed. As for the one into whom the soul has not been breathed, he is not alive in the first place, so you do not find any religious obligation regarding him. Yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، تابع كتاب الجنايات - 2 — islamhouse.com (51:23)
The Arabic text is a machine transcription of the audio recording.