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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on a man’s doubt about his wife due to premature birth

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The first letter in this episode came to us from the Yemen Arab Republic from a questioner who named himself Abdul Rahman al-Husayn Ali. The questioner says: I was abroad for a period of one year, then I returned for my annual leave and resumed my marital life with my wife. After the leave ended, I returned to my work outside my country. Two months later, I received a letter informing me that my wife was pregnant, and the letter was from her. After a period of seven months and five days from the date of the first intercourse between me and her, I received a telegram that my wife had given birth to a male child. Doubt entered me regarding this. When I returned for my leave the following year, I asked her and learned from her that she had suffered pain and was very exhausted; and that was the cause of the premature birth. Indeed, the pain and illness did occur to her, and yet I was not convinced. What increased my doubt was the comments of some relatives about this incident. I am confused about my situation and I want to know the following: What are the signs and proofs by which a child born in the seventh month is identified? Is it permissible for me to make her swear by Allah regarding her honor and chastity and to believe her, and after she swears, is that sufficient for me? Or what is the correct Sharia method for getting out of this problem?
Answer: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance.
As for what follows: This issue, O brother questioner, has no difficulty, praise be to Allah. Allah, Mighty and Majestic, has made clear that the duration of the child that is necessary is six months in the womb, and after that, the woman may give birth in the seventh month and after that. This woman gave birth at seven months and five days, so there is no difficulty in it, and you should not have doubt about her. You should have a good opinion of your family unless you see something clear with your own eyes or hear it with your own ears. As for accusations that have no basis, a believer should not do that; rather, a believer should keep his hearing, sight, and religion pure from what is not fitting. Having a good opinion of the wife is obligatory as long as there is nothing that contradicts this in a way that leaves no doubt or suspicion.
You should be reassured and know that the child is your child, and you should have a good opinion of your family, and you should leave the whispers of Satan. May Allah grant us and you steadfastness.
Among the proofs is what we mentioned of the saying of the Exalted and Majestic regarding the child:
and his gestation and weaning [period] is thirty monthsوَحَمْلُهُ وَفِصَالُهُ ثَلاثُونَ شَهْرًا
[Al-Hijr: 15], so He made the pregnancy and weaning thirty months, and He informed in another verse that its weaning is in two years, saying:
and his weaning is in two yearsوَفِصَالُهُ فِي عَامَيْنِ
[Luqman: 14]. This indicates that the share of pregnancy is six months, and the share of the child after birth or before weaning is two years; only two years. So when twenty-four months have passed, six months remain for the pregnancy. By this, you know that her giving birth to him after the first intercourse at seven months and five days is something with no suspicion in it and no doubt in it, and praise be to Allah. Yes.
The presenter: May Allah reward you.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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