By Asma Bint Shameem
It is not permissible to abort a pregnancy at any stage unless there is a legitimate reason, and within very precise limits.
However if someone does perform an abortion, the expiation for it depends on the gestational age of the fetus at the time of abortion.
If it was less than 120 days, that is, *before* the soul was breathed into it, then no expiation is required.
But if the abortion was done *after* 120 days, then the expiation is to free a slave.
And if that’s not possible then the person should fast for two consecutive months.
They also should offer the blood money or Diyah.
The blood money in this case is a slave.
If that is not possible, then the diyah is five camels.
And whoever took part in this abortion should pay the diyah. And this diyah should be paid to the heirs of the foetus, but the killer cannot take any of it.
Proof:
Abu Hurayrah radhi Allaahu anhu said:
“Two women from Hudhayl fought and one of them threw a rock at the other and killed her and the child in her womb. They referred the matter to the Prophet Sal Allaahu Alaiyhi wa Sallam
and he ruled that the diyah for her foetus was a slave, male or female.”
[al-Bukhaari (6910) and Muslim (1681)]
Shaykh Saalih al-Fawzaan said:
“Firstly:
It is not permissible to abort a pregnancy. Once pregnancy is discovered, it must be protected and it is haraam for the mother to harm the pregnancy or disturb it in any way, because it is a trust that Allaah has placed in her womb and it has rights, so it is not permissible to mistreat it, harm it or destroy it.
The shar’i evidence indicates that it is haraam to abort a pregnancy.
Secondly:
If the soul has been breathed into the foetus and it has started to move, then it is aborted after that and it dies, then (the woman) is regarded as having killed a soul and she is obliged to offer expiation by freeing a slave; if that is not possible, then she must fast for two consecutive months in repentance to Allaah.
That is if four months of pregnancy have passed, because in that case the soul has been breathed into the foetus.
If it is aborted after that, then kafaarah (expiation) as described must be offered. *This is a serious matter which cannot be taken lightly.*
If a woman cannot bear a pregnancy for reasons of sickness, then she has to take medication to prevent getting pregnant in the first place; she may take contraceptive pills to delay getting pregnant for a while, until she regains her health and strength.”
(Al-Muntaqa, 5/301-302)
Someone asked Shaykh Ibn Taymiyah about a man who said to his wife:
“Abort what is in your womb and the sin will be on me.”
If she does that and listens to him, what expiation will they have to offer?
He said:
“If she does that, then they both have to offer expiation by freeing a believing slave; if that is not possible then they have to fast for two consecutive months and they have to give a male or female slave to the heir that did not take part in the killing, and not to the father, because the father is the one who ordered that he be killed, so he does not deserve anything.“A male or female slave” is the diyah (blood money) for the foetus, i.e., the value of a male or female slave, which the scholars stated is equivalent to one-tenth of the diyah for his mother.”
The scholars of the Standing Committee said:
“If the soul had been breathed into the foetus that was aborted, i.e., four or more months had passed, then expiation must be offered, which is to free a believing slave; if that is not possible then you have to fast for two consecutive months. If the soul had not yet been breathed into the foetus then it was a sin to abort the foetus, but no expiation is required. Rather what is required is repentance and praying for forgiveness.”
[Fataawa al-Lajnah al-Daa’imah (21/434)]
And Allaah knows best
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