Abstract
The issue of abortion is one of the topics that have many minor precepts and the opinions of jurists are different on this matter. In the discussion of the permissibility or non permissibility of abortion, the matter always revolves between the two subjects of the rights of the mother and the rights of the fetus, and the efforts are based on keeping the rights of one, along with the preservation of the rights of the other. Among the jurists who have special opinions in this field is the late Ayatollah Khoei (RA). In the case of the intentional abortion of an alive fetus, they have ruled that "retribution is not required". Regarding the monetary compensation of an aborted fetus, paying attention to the stages before and after the insertion of the soul, and considering the five stages of the fetus growth, the amounts are 20, 40, 60, 80, and 100 dinars. and for the stage after the insertion of the soul, he stipulates 1000 dinars for boys and 500 dinars for girls. And the hadiths in which the payment of gharah is determined as the blood money for an aborted fetus are rejected due to "contradiction with the sunnis" and "lack of attention to this hadith by the Shiia scholars" and "conflict with the authentic text". Regarding the obligation of atonement for abortion, he states that if the abortion is before the insertion of the soul, there is no atonement, and if it is after the insertion of the soul, it is not unlikely that we issue a fatwa on the non-obligation of atonement