A pregnant woman took contraceptive pills without knowing she was pregnant, and the fetus was aborted. Is there an expiation upon her?
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The questioner : A woman was pregnant and took contraceptive pills, not knowing that she was in a state of pregnancy. After a period of time, these pills caused the fetus to be aborted. Is there an expiation upon her?
The Shaykh : There is no doubt that there is no expiation in this case, but the fetus was aborted; what was its age?
The questioner : We do not know. Does the age have an effect on the ruling in this matter?
The Shaykh : No, the age does not have an effect, but there may be something that illuminates the path for us in developing the answer.
The questioner : We do not know, but it may have been after forty days or something like that.
The Shaykh : Forty days?
The questioner : It may have been so, and I do not know.
The Shaykh : In any case: if she did not know that these pills would cause the fetus to be aborted, then there is no sin upon her, if Allah wills.
The questioner : Regarding the highest name, regarding the expiation for accidental killing?
The Shaykh : No, there is no expiation.
The questioner : Is there, for example, a specific number of months such that if the fetus is aborted within that period in such circumstances, the one who caused its killing owes an expiation?
The Shaykh : After the soul is breathed into it.
The questioner : Meaning: after four months?
The Shaykh: Yes.
The questioner : Well, there is no hadith regarding this matter; it is a point of disagreement among the scholars. Do you hold that the soul is breathed into it after four months and ten days?
The Shaykh : There is no disagreement in the Sunnah; this is a disagreement among doctors. As for the Sunnah, it is explicit in this.
The questioner : The Sunnah is explicit in this?
The Shaykh : Yes, that is right.
The questioner : May Allah reward you.
The Shaykh: And in you, if Allah wills.
The questioner : May Allah reward you with good, prolong your life, and bless you, and may He make you beneficial to the Muslims.
The Shaykh : Thank you, my brother.
The Shaykh : There is no doubt that there is no expiation in this case, but the fetus was aborted; what was its age?
The questioner : We do not know. Does the age have an effect on the ruling in this matter?
The Shaykh : No, the age does not have an effect, but there may be something that illuminates the path for us in developing the answer.
The questioner : We do not know, but it may have been after forty days or something like that.
The Shaykh : Forty days?
The questioner : It may have been so, and I do not know.
The Shaykh : In any case: if she did not know that these pills would cause the fetus to be aborted, then there is no sin upon her, if Allah wills.
The questioner : Regarding the highest name, regarding the expiation for accidental killing?
The Shaykh : No, there is no expiation.
The questioner : Is there, for example, a specific number of months such that if the fetus is aborted within that period in such circumstances, the one who caused its killing owes an expiation?
The Shaykh : After the soul is breathed into it.
The questioner : Meaning: after four months?
The Shaykh: Yes.
The questioner : Well, there is no hadith regarding this matter; it is a point of disagreement among the scholars. Do you hold that the soul is breathed into it after four months and ten days?
The Shaykh : There is no disagreement in the Sunnah; this is a disagreement among doctors. As for the Sunnah, it is explicit in this.
The questioner : The Sunnah is explicit in this?
The Shaykh : Yes, that is right.
The questioner : May Allah reward you.
The Shaykh: And in you, if Allah wills.
The questioner : May Allah reward you with good, prolong your life, and bless you, and may He make you beneficial to the Muslims.
The Shaykh : Thank you, my brother.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.