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The question

Is the driver who accidentally caused a pregnant woman to miscarry liable for blood money (diyya) and expiation (kaffara)?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Expiation () becomes obligatory for the fetus if the soul has been breathed into it after 120 days of pregnancy. As for blood money (diyah), it becomes due in full (one hundred camels for a male and fifty for a female) if the fetus is born after six months and lives a stable life, then dies due to the accident. The blood money is a "ghurrah" (a male or female slave) valued at five camels if it is after formation, i.e., after 90 days of pregnancy.

Sheikh Muhammad bin Uthaymeen divided offenses against a pregnancy into four categories: 1. No guarantee and no expiation: If the fetus dies with its mother and is not expelled, or is expelled as an unformed chewed-lump (mudghah), or dies in its mother's womb while she remains alive. 2. Guaranteed by a ghurrah but no expiation: If it is expelled as a formed chewed-lump before the soul is breathed into it. 3. Guaranteed by a ghurrah with expiation: If it is expelled dead after the soul is breathed into it, or is expelled alive for a period it cannot live for, and then dies, or is expelled alive for a period it can live for with spasmodic movement, and then dies. 4. Guaranteed by full blood money with expiation: If it is expelled alive for a period it can live for with a stable life, and then dies due to the offense.

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Original fatwa ID
21879
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