What is the ruling on the husband's right to cohabitate with a pregnant wife whose husband has died?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
It is proper for the husband to refrain from intercourse with his pregnant wife after the death of the previous husband until it is known whether she is pregnant or not. This is narrated from Ali, 'Umar ibn 'Abd al-'Aziz, Al-Sha'bi, Al-Nakha'i, Qatadah, and others.
Supporting text
If he has intercourse before the waiting period (*'iddah*) is completed, and she delivers a child in less than six months, the child inherits because it is known she was pregnant at the time of the first husband's death. If she delivers after more than six months, the child does not inherit unless the current heirs affirm that she was pregnant at the time of the previous husband's death.