Taking out the child by operation after the death of a pregnant woman

Question

Zayd’s wife was about to give birth, and according to the doctors’ opinion the delivery was expected within just a few minutes. At exactly that time Zayd’s wife passed away. The doctor’s opinion is that since the child in the womb is alive, it should be taken out by an operation within ten minutes, whereas Zayd’s opinion is that since his wife has already died, and after death any kind of operation is haram. Should the child be taken out alive by means of an operation or not?

Answer

If the child is alive, it should be taken out by an operation: [ar]امرأة حامل ماتت وعلم أن ما في بطنها حي، فإنه يشق بطنها من الشق الأيسر، وكذلك إذ كان أكبر رأيهم أنه حي يشق بطنها، كذا في المحيط. وحكي أنه فعل ذلك بإذن أبي حنيفة ﵀ فعاش الولد، كذا في السراجية[/ar] “A pregnant woman died and it was known that what is in her womb is alive: her abdomen is cut open on the left side.

Source: Fatawa Mahmudiyya

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