On the attribution of a child born from a doubtful intercourse.
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The questioner : O Shaykh, is doubtful intercourse lawful?
The Shaykh : And what does lawful have to do with it?
The questioner : Does she become his daughter through lawful means?
The Shaykh : Yes, because he believes she is his wife.
The questioner : But she is not attributed to him, is she?
The Shaykh : She is attributed to him; how could she not be attributed to him?
The questioner : I mean, if a man has intercourse with another man's wife under a doubt, is the child attributed to the man who had intercourse or not?
The Shaykh : To the man who had intercourse.
The questioner : And does she inherit?
The Shaykh : And she inherits, whether it is a doubt of belief or a doubt of contract. A doubt of belief is when he thinks this woman is his wife and has intercourse with her. A doubt of contract is when he contracts with her under a defective contract, thinking it is valid. Yes?
The questioner : ... the wife through breastfeeding ... .
The Shaykh : Yes, we will come to it, if Allah wills, we have not finished. The Essence of Thought.
The Shaykh : And what does lawful have to do with it?
The questioner : Does she become his daughter through lawful means?
The Shaykh : Yes, because he believes she is his wife.
The questioner : But she is not attributed to him, is she?
The Shaykh : She is attributed to him; how could she not be attributed to him?
The questioner : I mean, if a man has intercourse with another man's wife under a doubt, is the child attributed to the man who had intercourse or not?
The Shaykh : To the man who had intercourse.
The questioner : And does she inherit?
The Shaykh : And she inherits, whether it is a doubt of belief or a doubt of contract. A doubt of belief is when he thinks this woman is his wife and has intercourse with her. A doubt of contract is when he contracts with her under a defective contract, thinking it is valid. Yes?
The questioner : ... the wife through breastfeeding ... .
The Shaykh : Yes, we will come to it, if Allah wills, we have not finished. The Essence of Thought.