The ruling on attributing a child to the husband if he is born after six months
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He also asks and says: A man married a woman, and after six months she gave birth to a child. Is the newborn the husband's son in the Shari'ah or not?
Answer: If the child was born after six months of his intercourse with her, then he is his son; because the minimum duration of pregnancy is six months, as Allah (Glorified and Exalted is He) said: : [Surah al-Ahqaf: 15]. So six months is for the child, and twenty-four months is for weaning from breastfeeding. Thus, the minimum duration of pregnancy is six months. If she gave birth to him six months after his intercourse with her, after his marriage and intercourse with her, then he is his son. However, if his intercourse with her was delayed, and this child was born less than six months after the intercourse, and the child lived a complete life, then this is a matter for consideration; because the principle is that he is not his son, as she may have been pregnant with him before that. Unless it was a miscarriage and died, or it lived for a short period and then died; in that case, it may be his, and it may be ruled as his; because it did not live. It may be for five months, or for four months and days, and it does not live, even if it cried, but it does not usually live. The one who lives is a child of six months or more. This is what is known among the scholars of knowledge.
So the conclusion is that if it miscarried at six months and did not live, or if it was born alive and then died, then it is not affirmed that it is from another, and it is not ruled that she committed zina, because anything less than six months is possible if it did not live. If a child is born small and does not live, it may be from his intercourse that occurred after the marriage, if more than four months have passed. However, if it lived and she brought it to less than six months, then this is evidence that she was pregnant before he married her, in which case the marriage is invalid, and her case is looked into after that. Yes.
The presenter: May Allah reward you.
Answer: If the child was born after six months of his intercourse with her, then he is his son; because the minimum duration of pregnancy is six months, as Allah (Glorified and Exalted is He) said: :
and his gestation and weaning [period] is thirty months
وَحَمْلُهُ وَفِصَالُهُ ثَلاثُونَ شَهْرًاSo the conclusion is that if it miscarried at six months and did not live, or if it was born alive and then died, then it is not affirmed that it is from another, and it is not ruled that she committed zina, because anything less than six months is possible if it did not live. If a child is born small and does not live, it may be from his intercourse that occurred after the marriage, if more than four months have passed. However, if it lived and she brought it to less than six months, then this is evidence that she was pregnant before he married her, in which case the marriage is invalid, and her case is looked into after that. Yes.
The presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.