وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ رَبِيعَةَ بْنِ أَبِي عَبْدِ الرَّحْمَنِ، أَنَّهُ كَانَ يَقُولُ الْغُرَّةُ تُقَوَّمُ خَمْسِينَ دِينَارًا أَوْ سِتَّمِائَةِ دِرْهَمٍ وَدِيَةُ الْمَرْأَةِ الْحُرَّةِ الْمُسْلِمَةِ خَمْسُمِائَةِ دِينَارٍ أَوْ سِتَّةُ آلاَفِ دِرْهَمٍ . قَالَ مَالِكٌ فَدِيَةُ جَنِينِ الْحُرَّةِ عُشْرُ دِيَتِهَا وَالْعُشْرُ خَمْسُونَ دِينَارًا أَوْ سِتُّمِائَةِ دِرْهَمٍ . قَالَ مَالِكٌ وَلَمْ أَسْمَعْ أَحَدًا يُخَالِفُ فِي أَنَّ الْجَنِينَ لاَ تَكُونُ فِيهِ الْغُرَّةُ حَتَّى يُزَايِلَ بَطْنَ
Yahya related to me from Malik thatRabia ibn Abi Abd ar-Rahman said, "The slave of fair complexion andexcellence is estimated at fifty dinars or six hundred dirhams. Theblood-money of a free muslim woman is five hundred dinars or sixthousand dirhams." Malik said, "The blood-money of the foetusof a free woman is a tenth of her blood-money. The tenth is fiftydinars or six hundred dirhams." Malik said, "I have not heardanyone dispute that there is no slave in compensation for the foetusuntil it leaves its mother's womb and falls still-born from her womb ." Malik said, "I heard that if the foetus comes out of itsmother's womb alive and then dies, the full blood-money is due forit." Malik said, "The foetus is not alive unless it cries atbirth. If it comes out of its mother's womb and cries out and thendies, the complete blood-money is due for it. We think that the slave-girl's foetus has a tenth of the price of the slave-girl." Malik said, "When a woman murders a man or woman, and the murderess ispregnant, retaliation is not taken against her until she has givenbirth. If a woman who is pregnant is killed intentionally orunintentionally, the one who killed her is not obliged to pay anythingfor her foetus. If she is murdered, then the one who killed her iskilled and there is no blood-money for her foetus. If she is killedaccidentally, the tribe obliged to pay on behalf of her killer paysher blood-money, and there is no blood-money for the foetus." Yahya related to me, "Malik was asked about the foetus of thechristian or jewish woman which was aborted. He said, 'I think thatthere is a tenth of the blood-money of the mother for it.' " Translation Not Available
Book Ref: Muwatta Imam Malik Book 43 Hadith 1566
Web Ref: Muwatta Imam Malik Book 43 Hadith 6