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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on aborting the fetus before it reaches forty days

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May Allah reward you. The sister questioner (M. M. S) from Al-Khabar is asking a set of questions. In one of them, she asks: Is it permissible to abort the fetus before it reaches forty days in her mother's womb, and what is the punishment for whoever does that?
Answer: If there is a dire necessity and a legitimate Shari'ah interest in aborting it within the forty days, and harm comes from its remaining, then a group of scholars have permitted this. However, if there is no legitimate Shari'ah interest and no dire necessity, it should remain; because bearing children and increasing the Muslim community is a matter sought after in the Shari'ah. For this reason, the Prophet (peace and blessings be upon him) said:
Marry women who are fertile and loving, for I will be boasting with you before the nations on the Day of Resurrection.تزوجوا الولود الودود فإني مكاثر بكم الأمم يوم القيامة
Sunan al-Bayhaqi 10:869
. So, if there is a dire necessity, such as the pregnancy harming the woman, and she has many small children, and she fears being unable to fulfill the obligatory duty of Shari'ah upbringing, then there is no harm in aborting it within the first forty days.
However, if the abortion is due to a bad opinion of Allah, or because they fear the maintenance will be difficult, that is a mistake. Or if it is for other reasons, merely for leisure, then this is also not permissible and not allowed. Yes.
Source binbaz.org.sa

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

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