Does the blood money for a fetus resulting from zina that was aborted at two months of age have an heir?
The jurists have agreed on the entitlement of a child born out of wedlock to inherit from his mother and her relatives, and that they also inherit from him. As for his inheritance from the fornicator and his relatives, the majority opinion is to prohibit it.
The fornicator is not his legal father and does not inherit anything from his blood money (Diyah). Abortion after forty days have passed necessitates the payment of blood money.
If the physician carries out the abortion, he is responsible for paying the blood money. As for the father and mother, they are contributors to the killing, and repentance is obligatory upon them. The blood money here is one-tenth of the mother's blood money.
If the abortion was at the request of the fornicator (male) and the fornicator (female), then the fornicator (male) does not inherit. The fornicator (female) also does not inherit as long as the abortion occurred at her request. The blood money is paid to the fetus's heirs from the mother's side.
If the abortion was at the request of the fornicator (female)'s father and mother, then the fornicator (female) inherits from her son's blood money if she did not participate in or cause the abortion. The fornicator (female)'s mother does not inherit because she is blocked by the fetus's mother, in addition to being a contributor to its killing. The fornicator (female)'s father does not inherit because he is not among the fetus's heirs.
In summary, the fetus's blood money is distributed among its heirs from the mother's side who did not cause its abortion.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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