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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on a woman who causes the miscarriage of her fetus

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Question:
The first message in this episode is one that reached the program from Algeria, sent by one of the brothers there, identified as (S. A. F.). Our brother asks in his first question about the ruling on a woman who was pregnant; she took a medication that caused an illness, which resulted in the miscarriage of the fetus. Does she owe anything or not?

Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
For Allah (Glorified and Exalted is He) has permitted His servants to seek medical treatment, and indeed He has prescribed it for them in a manner that involves no harm. He said:
so treat yourselves medically, but use nothing unlawfulعباد الله! تداووا ولا تداووا بحرام
Sunan Abi Dawud 3874Da'if (Al-Albani)
, and He (peace and blessings be upon him) said:
Allah has not sent down a disease except that He has sent down for it a cure; those who know it know it, and those who do not know it do not know itما أنزل الله داء إلا أنزل له شفاء علمه من علمه وجهله من جهله
Sunan al-Bayhaqi 17:517
, and He (peace and blessings be upon him) also said:
There is a remedy for every malady, and when the remedy is applied to the disease it is cured with the permission of Allahلكل داء دواء؛ فإذا أصيب دواء الداء برأ بإذن الله
Sahih Muslim 2204
.
So it is permissible for a man and a woman to seek medical treatment with that which is permissible and in which they hope for benefit. If a woman seeks treatment with some medication and as a result her pregnancy is terminated, then it falls under the category of accidental killing. Accidental killing is when a person does something that is permissible for him to do, and killing results from it; for example, if he shoots at game and hits a person, or if he shoots at a target and hits a person. This is what is meant by accidental killing.
If she takes some medication not with the intention of terminating the pregnancy, but for the sake of seeking treatment, and the doctors or those knowledgeable about this medication and its effects on pregnancy state that it is the cause of the death, then she owes blood money (diyah). This is a slave or a slave woman if the fetus is born dead due to this medication. She also owes expiation (kaffarah) if four months have passed, because at that point the soul is breathed into it and it becomes a human being. So she owes a slave or a slave woman to the heirs, and she owes expiation: freeing a believing slave. If she cannot do that, then fasting for two consecutive months, like other protected souls. However, if the heirs waive the slave, there is no harm in that, just as if the heirs waive the full blood money, provided they are sane and of sound mind. This slave, which is a male or female slave, belongs to the heirs, and its value is one-fifth of a camel, which is one-tenth of the mother's blood money.
As for the expiation, it is a right belonging to Allah, and the heirs have no right in it. So she must fast if she is unable to free a slave. If she is unable to free a slave and unable to fast, it remains a debt in her obligation until she is able to do one of them. The expiation remains in her obligation until she is able to free a slave or able to fast. And success is from Allah. Yes.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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