Repentance, blood money and expiation upon whoever participates in abortion
Fatwa No: 34073

Question

As-Salaamu ‘Alaykum
Honorable Shaykh, my wife was pregnant in the fifth month. Medical examinations proved that the embryo was deformed, that his kidneys did not function and that his body included an inflated water sac. Physicians advised me to abort the embryo, which I actually did.
What is the Sharee'ah ruling concerning that? Do I have to do any thing? May Allaah reward you.

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.

Aborting the embryo is prohibited, except in two cases: firstly, when it is proven by a credible medical report that the mother's life is jeopardized if the embryo is not aborted. Secondly, if it is proven that the embryo has actually died inside his mother's womb. Whoever practiced abortion in other than these two cases, either an individual or a group, has to repent to Allaah The Almighty and pay the blood money estimated at one tenth of the mother's blood money. They should participate – if there are many participants – in paying to the heirs of the embryo. The heir who participated in abortion deserves nothing from the blood money. Everyone who participated has to expiate by either freeing a Muslim slave or fasting two consecutive months if he is unable to free a slave. One of the forms of participation in this act is that the physician gives the woman an injection that causes abortion, also of these forms is that the woman takes a medication that causes abortion.  As for those who indirectly participated, they have to repent to Allaah The Almighty as they helped to kill a soul.

Allaah Knows best.

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