558
In addition, the culprit will “compensate the life” (nap“àte umalla),
that is, will pay a sum equal to the value of the aborted fetus (MAL
A 50:65–69). If the victim is a prostitute, the attacker receives a tal-
ionic punishment of “blow for blow” (mi¢ßìkî mi¢ßì) and pays com-
pensation for the loss of the fetus (MAL A 52). A fine is the penalty
for a miscarriage caused to a woman who, for physiological reasons,
cannot raise the children she bears (MAL A 51). If the injury makes
a woman who has not borne sons sterile, it is a serious offense car-
rying the death penalty (MAL A 50:74–79). Causing a miscarriage
is thus defined as an injury inflicted on a pregnant woman and not
as an assault on the life of the fetus, which is perceived as part of
the mother’s property and an item of the father’s property.8.6 Self-inflicted Abortion
According to MAL A 53, a woman convicted of this offense is con-
demned to impalement and denied burial. These punishments are
applicable post mortem if the culprit dies as a result of the abor-
tion.^143 It is a punishable offense not to report the crime.8.7 Homicide
8.7.1 The punishment for murder is left to the discretion of the
head of the victim’s family: he may choose between death or com-
position, comprising the culprit’s property or, if he is insolvent, a
son or daughter (MAL A 10). An undivided heir who commits the
same offense is also handed over to the avenger of blood, who may
demand his death or his inheritance share (MAL B 2). In the lat-
ter case, either the coheirs agreed to divide the estate so as to sep-
arate offthe culprit’s share, or they accepted the stranger as a joint
owner.^1448.7.2 Unpremeditated homicide is envisaged in the case of causing
a miscarriage. If the injury results in the death of the pregnant
woman, the culprit suffers the death penalty and must, in addition,
pay the victim’s husband the value of the fetus (MAL A 50:70–73).(^143) The law could also be understood as covering both an attempted abortion (ll.
92–97) and a successful abortion (ll. 98–101): Roth, Law Collections.. ., 174, 193,
n. 30.
(^144) Cardascia, Lois.. ., 265.
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