A woman having an abortion and throwing the fetus into the garbage

Q: Seventeen years ago, my wife was pregnant but she had an abortion during the third month of pregnancy. One of the women who were present during the abortion threw the fetus and the placenta into the garbage without telling me. Do my wife and I have to make Kaffarah (expiation) for this? Please advise. May Allah reward you the best!

A: The questioner did not mention whether it was an intentional abortion or not. Accordingly, if it was unintentional and it was during the third month of pregnancy - that is before breathing life into the fetus, your act of throwing the fetus into the garbage has no penalty in the Shari`ah (Islamic law) and no Kaffarah. On the other hand, if it was an intentional abortion during the third month of pregnancy, before breathing life into the fetus, the woman (Part No. 21; Page No. 257) sinned, and she has to repent to Allah (Glorified and Exalted be He).May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.