Hamal (pregnancy and carrying)

الحمل

Hamal in jurisprudence is what a female carries in her womb, and it also means lifting and carrying a load, which is narrower than habal; the jurists use both senses. ^{1 2} The minimum term of pregnancy is six months by agreement; the maximum is four years for the Shafiis, the Hanbalis on the apparent view and the Malikis in one view, two years for the Hanafis, and five years for the prevailing Maliki view. ^{3 4 5} The unborn has a deficient capacity to be a holder of rights, so it takes rights that need no acceptance such as inheritance, bequest and descent, and is not liable for any financial obligation. ^{5 6} Descent is attached to the marital bed within the possible term; an unborn child inherits if it cries out at birth, may take a bequest by the majority, may be the object of an endowment by implication and of an acknowledgement, but not of a gift. ^{5 7 6} The schools differ on negating an unborn child by oath of cursing and on acknowledging it; a later acknowledgement, if valid, prevents later denial. ^{8 9 10} The waiting period of a pregnant woman ends with delivery, and a twin birth has its own rule. ¹⁰ If a pregnant woman dies with a living child in her womb the child is to be taken out if possible, and the jurists differ on cutting open the body. ^{10 11} The majority allow eating an unborn animal's flesh slaughtered through its mother's slaughter; Abu Hanifa requires its own slaughter if it is born alive. ¹¹ Selling an unborn young alone, or excluding it from the sale of its mother, is forbidden by agreement for uncertainty. ¹¹ The sense of lifting includes the transport of goods sold or rented, the carrier's fee and liability, and the carrying of the Quran with or without a cover, disputed. ^{11 12} The entry closes at the next headword, hammam (حمام), on p.7321.