Taking out a living child from the womb of a woman who has died

Question

A woman was pregnant, but a few days before delivery the woman dies. What is the ruling concerning the child? Should the child be taken out of the mother’s womb or not?

Answer

Usually, when a pregnant woman dies, the child in the womb dies and does not remain alive. But if it is known from indications (qara’in) that the child is alive, it should be taken out immediately by an operation: [ar]امرأة ماتت والولد يضطرب في بطنها، قال محمد: يشق بطنها ويخرج الولد، لا يسع إلا ذلك[/ar] “A woman died while the child was stirring in her womb.

Source: Fatawa Mahmudiyya

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