A woman was divorced by her husband, and before the end of her waiting period she married another man and gave birth to a child before nine months had passed since her marriage to the second man; what is the ruling on this marriage?
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The questioner : He says: A woman was married, and after living with her husband for about two years, he divorced her. Within one month of the divorce, she married another man before the end of her waiting period. Before nine months had passed since her second marriage, she gave birth to a child. What is the ruling on this second marriage? What is the ruling regarding the child? Does the child belong to the first husband or the second? And what must the wife do?
The Shaykh : This question contains two points. The first point is that this wife married before the end of her waiting period from her first husband, so this marriage is invalid because it is prohibited by the saying of Allah the Exalted:[Al-Baqarah 2:235] Accordingly, they must be separated because the marriage is invalid.
As for the second point: this woman gave birth to a child before nine months had passed since her second marriage. If she gave birth to this child before six months had passed since the intercourse of the man who married her during her waiting period, then the child belongs to the first husband, because it is not possible for a child to be born alive in less than six months. Therefore, the child she gave birth to in less than six months after the second man’s intercourse belongs to the first husband. If she gave birth to it more than four years after parting from the first husband, then it belongs to the second man who had intercourse with her. If she gave birth to it in between these two times, then it is possible that it belongs to either of them, meaning that it is possible that it belongs to each of them. If they both claim it, it is presented to the experts in lineage, and to whom they attribute it, it belongs to him. Some scholars said that if she gave birth to it more than six months after parting from the first husband, then it belongs to the second husband, or, to put it more correctly, to the second man who had intercourse with her, who married her during her waiting period. And Allah knows best.
The questioner : May Allah reward you with good.
These questions are from the listener Muhammad Ali from the Libyan Arab Jamahiriya.
The Shaykh : This question contains two points. The first point is that this wife married before the end of her waiting period from her first husband, so this marriage is invalid because it is prohibited by the saying of Allah the Exalted:
And do not determine to undertake a marriage contract until the decreed period reaches its end
ولا تعزموا عقدة النكاح حتى يبلغ الكتاب أجلهAs for the second point: this woman gave birth to a child before nine months had passed since her second marriage. If she gave birth to this child before six months had passed since the intercourse of the man who married her during her waiting period, then the child belongs to the first husband, because it is not possible for a child to be born alive in less than six months. Therefore, the child she gave birth to in less than six months after the second man’s intercourse belongs to the first husband. If she gave birth to it more than four years after parting from the first husband, then it belongs to the second man who had intercourse with her. If she gave birth to it in between these two times, then it is possible that it belongs to either of them, meaning that it is possible that it belongs to each of them. If they both claim it, it is presented to the experts in lineage, and to whom they attribute it, it belongs to him. Some scholars said that if she gave birth to it more than six months after parting from the first husband, then it belongs to the second husband, or, to put it more correctly, to the second man who had intercourse with her, who married her during her waiting period. And Allah knows best.
The questioner : May Allah reward you with good.
These questions are from the listener Muhammad Ali from the Libyan Arab Jamahiriya.