Children expiating for their mother's abortion on her behalf
Fatwa No: 10493

Question

A Muslim woman died and she had aborted a child for she did not like to have more children, May Allaah Forgive her. Is there any expiation for her to be made by her children on her behalf, given that during her lifetime, she had the intention to make expiation, but was ignorant of how to do it?

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

Abortion contradicts the purposes of the Islamic Sharee‘ah, and its noble and high goals. Moreover, it is the killing of the soul which Allaah Almighty Made unlawful to be killed, except with just cause. Henceforth, the woman who aborts her fetus after the soul is blown into it, simply because she has no desire for more children, indeed commits a great sin and carries out a grievous crime, and we hope that Allaah Almighty Would Turn in forgiveness to us and all Muslims.

Two things must be done in case of abortion:

The first is the blood-money of the fetus, i.e. what is equal to one-tenth the blood-money of its mother, to be paid from her own property, for she aborted her child intentionally, and the mother should not inherit anything from that blood-money, since no inheritance is due to a killer.

The other is the expiation for killing by mistake, i.e. to emancipate a believing slave. If this is not available, let one fast for two months consecutively. If the woman who aborted her child died before paying the blood-money and the expiation due on her, there is no blame if her children give, on her behalf, what is due on her concerning the blood-money and the expiation.

Allaah Knows best.

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