The minimum duration of pregnancy and the attribution of the child to six months
Machine translationRead the Arabic original
The questioner:
This is a letter from a person of good character to Your Eminence, Shaykh 'Abd al-'Aziz ibn Baz. I hope you will complete the mailing address written on it. Many questions have come in regarding the topic of the seminar, but we ask the brothers' permission to present these questions because they are important to their owners, and perhaps they are waiting for the answer due to this. A man married a woman, and she gave birth in six months. Does a woman give birth in six months? If she does give birth in six months, what is the ruling on the man who denies that this child is his, despite the proof being established against him?
The Shaykh:
[Al-Ahqaf 46:15] and its weaning is in two years, so the minimum time a child can be in its mother's womb is six months, and then it is born in the seventh month.
Exactly. If he had intercourse with her from the time of their marriage, and she gave birth after six months, this child is like him, it lives, and it is attributed to him. As for before six months, this may happen, but it does not live. She may give birth at five months, or at five months, but it does not live; it is not viable. It may live for a day or two and then die. This does not prevent it from being his, nor is it a proof, but if it is less than that and it lives, meaning it is clear, then this is from a previous intercourse, whether it was fornication or intercourse based on a false claim.
The questioner:
Before months, and he returned. Yes, he was paying attention to the end of it.
The Shaykh:
This means she was pregnant before the meeting.
The questioner:
Yes, the questioner means that this facilitated the birth of her child.
The Shaykh:
If the newborn lived for six months. He had intercourse with her, or before the period, but it means it did not live; it fell and died, or it fell dead, it is not returned.
This is a letter from a person of good character to Your Eminence, Shaykh 'Abd al-'Aziz ibn Baz. I hope you will complete the mailing address written on it. Many questions have come in regarding the topic of the seminar, but we ask the brothers' permission to present these questions because they are important to their owners, and perhaps they are waiting for the answer due to this. A man married a woman, and she gave birth in six months. Does a woman give birth in six months? If she does give birth in six months, what is the ruling on the man who denies that this child is his, despite the proof being established against him?
The Shaykh:
and his gestation and weaning [period] is
وَحَمْلُهُ وَفِصَالُهُ ثَلَاثُونَExactly. If he had intercourse with her from the time of their marriage, and she gave birth after six months, this child is like him, it lives, and it is attributed to him. As for before six months, this may happen, but it does not live. She may give birth at five months, or at five months, but it does not live; it is not viable. It may live for a day or two and then die. This does not prevent it from being his, nor is it a proof, but if it is less than that and it lives, meaning it is clear, then this is from a previous intercourse, whether it was fornication or intercourse based on a false claim.
The questioner:
Before months, and he returned. Yes, he was paying attention to the end of it.
The Shaykh:
This means she was pregnant before the meeting.
The questioner:
Yes, the questioner means that this facilitated the birth of her child.
The Shaykh:
If the newborn lived for six months. He had intercourse with her, or before the period, but it means it did not live; it fell and died, or it fell dead, it is not returned.
Source
ندوات الجامع الكبير مع الأسئلة - 63 — archive.org (59:31)
The Arabic text is a machine transcription of the audio recording.
