A man divorced his wife, and after seven months it appeared that she was pregnant; what is the legal ruling in this case?
Machine translationRead the Arabic original
The questioner : What is the ruling of the Shari'ah, in your view, regarding a man who divorced his wife and after seven months it appeared that she was pregnant? What is the legal ruling in this case?
The Shaykh : The legal ruling in this case, in my view, is that if she had menstruated three times after his divorce, then this child is not attributed to him, because she has completed her waiting period and is separated from him, and this is a new pregnancy. However, if she did not menstruate after the divorce until the pregnancy appeared, then she remains in her waiting period until she gives birth, because it is apparent that this pregnancy is his, but its appearance was delayed for one of the reasons, which may be due to an ailment in the mother or an ailment in the fetus itself. As long as she has not menstruated since her divorce until her pregnancy appeared after seven months, then the pregnancy is hers. The scholars (may Allah have mercy on them) have mentioned that a pregnancy may remain in the mother's womb for a period of four years, and some of them hold that it may remain for more than four years. So as long as we are certain that this woman has not been intimate with anyone, the pregnancy may remain in her womb for more than four years, and it is attributed to the one for whom she is lawful, whether a husband or a master.
The Shaykh : The legal ruling in this case, in my view, is that if she had menstruated three times after his divorce, then this child is not attributed to him, because she has completed her waiting period and is separated from him, and this is a new pregnancy. However, if she did not menstruate after the divorce until the pregnancy appeared, then she remains in her waiting period until she gives birth, because it is apparent that this pregnancy is his, but its appearance was delayed for one of the reasons, which may be due to an ailment in the mother or an ailment in the fetus itself. As long as she has not menstruated since her divorce until her pregnancy appeared after seven months, then the pregnancy is hers. The scholars (may Allah have mercy on them) have mentioned that a pregnancy may remain in the mother's womb for a period of four years, and some of them hold that it may remain for more than four years. So as long as we are certain that this woman has not been intimate with anyone, the pregnancy may remain in her womb for more than four years, and it is attributed to the one for whom she is lawful, whether a husband or a master.