Is it permissible for a woman to abort her fetus, and a mention of the issue of a protected person eating out of dire necessity
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The Shaykh : This leads to the following: First: Is it permissible for a woman to abort her pregnancy in these stages?
We say that before four months, it is permissible in cases of dire necessity. Pay attention: before four months, it is permissible for her to abort her pregnancy in cases of dire necessity, such as if the doctors say, "If it remains in your womb, you will die," or "If it remains in your womb, it will be born deformed, and it is currently deformed." In such cases, it is permissible to abort it out of dire necessity.
After four months, it is never permissible to abort it, neither for dire necessity nor for any other reason, even if the leading doctors determine that if it remains in her womb, she will die and it will die. We say, let her die, for everyone will die. It is not permissible to abort it after four months. Why? Because it has become a protected soul. It is now alive and sound. Is it permissible for anyone to kill a soul? Answer me, everyone?
The student: No.
The Shaykh : Now, if someone says, "I will kill this soul to save the mother," is that permissible? What do you say?
The student: It is permissible out of dire necessity.
The Shaykh : It is permissible out of dire necessity. Now, what do you say, my brother, if you were in the desert and had a young boy full of flesh and fat, and you were suffering from extreme hunger such that you would die if you did not slaughter this boy and eat him? Would you do it? Did you understand what I said, or shall I repeat it?
The student: ...
The Shaykh : I repeat the statement: You are traveling, and with you is a six-year-old boy full of fat and flesh, and you are compelled to eat. You say, "If I do not slaughter this boy and eat him, I will die." Would you slaughter him and eat him?
The student: You are hungry.
The Shaykh : Hungry, extremely hungry. If you do not do it, you will die. Would you slaughter him and eat him?
The student: ... .
The Shaykh : No, my brother, I seek refuge in Allah. Would you slaughter him and eat him? There is no mercy in your heart, and may Allah protect us. Let us die instead. Yes, this is not permissible, and no scholar has ever said so categorically. That is, no scholar has said that it is permissible for a person to slaughter a protected person to save himself from destruction, never. No one says this. I fear that if you were to overpower this young boy, Allah would send someone to overpower you, slaughter you, and you would be hungry and eat you. No, my brother, fear Allah.
Now, suppose a group of people are in a deadly desert and they start falling dead, and one, two, or more of them remain alive. If they do not eat from these corpses, the corpses of the dead, they will perish. Do they eat or not? What do you say?
The student: Yes.
The Shaykh : This is a matter of scholarly disagreement. According to the Shafi'is, Imam al-Shafi'i (may Allah have mercy on him) says it is permissible, because the sanctity of the living is greater than the sanctity of the dead. The dead person has died and gone. The Hanbali school says no, one should die and not eat from the dead under any circumstances. We ask Allah not to put us or you in such a situation. But the issue of a person slaughtering a living being to eat it is not permissible.
Now, this fetus is in its mother's womb, and the doctors say that if it remains in its mother's womb, the mother will die, and it has completed four months, and the soul has been breathed into it. Is it permissible for us to abort it so that it perishes for the sake of the mother's survival?
No, it is not permissible. First: because this is killing a soul to preserve a soul, and this is forbidden.
Second: suppose we induce the abortion and it dies, are we certain that the mother will survive? Perhaps she will die afterwards.
In any case, my intention is that as long as the fetus has not reached four months, if a woman is compelled to abort it, there is nothing wrong with it. But after four months, it is not permissible.
We say that before four months, it is permissible in cases of dire necessity. Pay attention: before four months, it is permissible for her to abort her pregnancy in cases of dire necessity, such as if the doctors say, "If it remains in your womb, you will die," or "If it remains in your womb, it will be born deformed, and it is currently deformed." In such cases, it is permissible to abort it out of dire necessity.
After four months, it is never permissible to abort it, neither for dire necessity nor for any other reason, even if the leading doctors determine that if it remains in her womb, she will die and it will die. We say, let her die, for everyone will die. It is not permissible to abort it after four months. Why? Because it has become a protected soul. It is now alive and sound. Is it permissible for anyone to kill a soul? Answer me, everyone?
The student: No.
The Shaykh : Now, if someone says, "I will kill this soul to save the mother," is that permissible? What do you say?
The student: It is permissible out of dire necessity.
The Shaykh : It is permissible out of dire necessity. Now, what do you say, my brother, if you were in the desert and had a young boy full of flesh and fat, and you were suffering from extreme hunger such that you would die if you did not slaughter this boy and eat him? Would you do it? Did you understand what I said, or shall I repeat it?
The student: ...
The Shaykh : I repeat the statement: You are traveling, and with you is a six-year-old boy full of fat and flesh, and you are compelled to eat. You say, "If I do not slaughter this boy and eat him, I will die." Would you slaughter him and eat him?
The student: You are hungry.
The Shaykh : Hungry, extremely hungry. If you do not do it, you will die. Would you slaughter him and eat him?
The student: ... .
The Shaykh : No, my brother, I seek refuge in Allah. Would you slaughter him and eat him? There is no mercy in your heart, and may Allah protect us. Let us die instead. Yes, this is not permissible, and no scholar has ever said so categorically. That is, no scholar has said that it is permissible for a person to slaughter a protected person to save himself from destruction, never. No one says this. I fear that if you were to overpower this young boy, Allah would send someone to overpower you, slaughter you, and you would be hungry and eat you. No, my brother, fear Allah.
Now, suppose a group of people are in a deadly desert and they start falling dead, and one, two, or more of them remain alive. If they do not eat from these corpses, the corpses of the dead, they will perish. Do they eat or not? What do you say?
The student: Yes.
The Shaykh : This is a matter of scholarly disagreement. According to the Shafi'is, Imam al-Shafi'i (may Allah have mercy on him) says it is permissible, because the sanctity of the living is greater than the sanctity of the dead. The dead person has died and gone. The Hanbali school says no, one should die and not eat from the dead under any circumstances. We ask Allah not to put us or you in such a situation. But the issue of a person slaughtering a living being to eat it is not permissible.
Now, this fetus is in its mother's womb, and the doctors say that if it remains in its mother's womb, the mother will die, and it has completed four months, and the soul has been breathed into it. Is it permissible for us to abort it so that it perishes for the sake of the mother's survival?
No, it is not permissible. First: because this is killing a soul to preserve a soul, and this is forbidden.
Second: suppose we induce the abortion and it dies, are we certain that the mother will survive? Perhaps she will die afterwards.
In any case, my intention is that as long as the fetus has not reached four months, if a woman is compelled to abort it, there is nothing wrong with it. But after four months, it is not permissible.