If the doctors determine that this child is congenitally deformed in his mother's womb, and the doctor advises aborting this fetus and the mother agrees to it
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The questioner : He says: Your Eminence, if the doctors determine that this child is congenitally deformed in his mother's womb, and the doctor advises aborting this fetus and the mother agrees to it, and it is mentioned that the abortion will be done by radiation, what is the ruling on aborting it, and what are the rulings that follow from that?
The Shaykh : As for if the soul has been breathed into the fetus, and the soul is breathed into it when it reaches four months, then it is not permissible to abort it under any circumstances, whether it is deformed, or the mother is afflicted with an illness such that if it remained until delivery she would die, it is not permissible to abort it ever, even if the doctors determine that if the pregnancy remained in her womb she would die. We say: Let her die, and it is not possible for us to abort it. Why? Because if we aborted it, we would have killed a soul without right. A fetus that has not committed a crime and has not aggressed against anyone, how can we kill it? If someone says: If you leave it in its mother's womb, its mother will die, and then it will also die? The answer to this is from two angles: The first angle is that if its mother dies and it is in a stage where it can remain alive, then it is possible to hasten with the operation and cut open her belly, even after death, and take out the fetus. This is one point. Second, if it happens that this is impossible and the fetus cannot be taken out, and its remaining will be the cause of its mother's death, we say: If its mother dies, is her death due to us or due to Allah? It is due to Allah. So there is no remedy in our hands. But if we took out the fetus and it died, its death is due to us. This is if it is after the soul has been breathed into it, which is when it has reached four months. As for if it is before that, the matter is easier; it can be aborted and an abortion performed, because it is not a human being now; the soul has not been breathed into it. For this reason, Allah the Exalted, when He mentioned the stages of the fetus, said:[Al-Mu'minun 23:14] So it ascended from the inanimate to life. And on this basis, we say: If that is after the completion of four months, which is the time when the soul is breathed in, then its removal is forbidden, even if its remaining leads to the death of its mother. This is one case. If it is before that, there is no harm, if the doctors determine that it will come out deformed and it will be a burden to it and to its family, or if they say that its remaining will be the cause of its mother's destruction, then at that time there is no blame in aborting this pregnancy. Yes.
The questioner : ... .
The Shaykh : And what is difficult? What is difficult, even with the permission of its mother and father, its family, and its tribe.
The questioner : ... .
The Shaykh : It dies. But yes, if for example she goes into labor at a time when she usually gives birth, then there is no harm, because if we take it out by operation, there is nothing... at the end of the pregnancy, but if it is four or five months old, it dies.
The Shaykh : As for if the soul has been breathed into the fetus, and the soul is breathed into it when it reaches four months, then it is not permissible to abort it under any circumstances, whether it is deformed, or the mother is afflicted with an illness such that if it remained until delivery she would die, it is not permissible to abort it ever, even if the doctors determine that if the pregnancy remained in her womb she would die. We say: Let her die, and it is not possible for us to abort it. Why? Because if we aborted it, we would have killed a soul without right. A fetus that has not committed a crime and has not aggressed against anyone, how can we kill it? If someone says: If you leave it in its mother's womb, its mother will die, and then it will also die? The answer to this is from two angles: The first angle is that if its mother dies and it is in a stage where it can remain alive, then it is possible to hasten with the operation and cut open her belly, even after death, and take out the fetus. This is one point. Second, if it happens that this is impossible and the fetus cannot be taken out, and its remaining will be the cause of its mother's death, we say: If its mother dies, is her death due to us or due to Allah? It is due to Allah. So there is no remedy in our hands. But if we took out the fetus and it died, its death is due to us. This is if it is after the soul has been breathed into it, which is when it has reached four months. As for if it is before that, the matter is easier; it can be aborted and an abortion performed, because it is not a human being now; the soul has not been breathed into it. For this reason, Allah the Exalted, when He mentioned the stages of the fetus, said:
then We developed him into another creation
ثُمَّ أَنْشَأْنَاهُ خَلْقاً آخَرَThe questioner : ... .
The Shaykh : And what is difficult? What is difficult, even with the permission of its mother and father, its family, and its tribe.
The questioner : ... .
The Shaykh : It dies. But yes, if for example she goes into labor at a time when she usually gives birth, then there is no harm, because if we take it out by operation, there is nothing... at the end of the pregnancy, but if it is four or five months old, it dies.
