Is the divorced, pregnant woman entitled to daily maintenance (nafaqa)?
Chapter on the Condition in which Maintenance is Obligatory on the Husband
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
The husband is obligated to provide daily maintenance to his divorced, pregnant wife. This ruling applies equally to the maintenance due to a revocably divorced woman (nafaqa al-raj'iyya). This obligation is supported by the explicit text of the Quran: {And if they are pregnant, then spend on them until they deliver their burden} [At-Talaq: 6]. Furthermore, because she has been legally judged entitled to maintenance, its immediate disbursement is necessary, just as it is for a revocably divorced woman.
Supporting text
One opinion attributed to Imam Al-Shafi'i holds that maintenance for the pregnant woman is not obligatory until she delivers her child, drawing an analogy with inheritance where the share is withheld until delivery because the fetus's status is not fully confirmed, similar to how inheritance rights are suspended. This view is incorrect because the existence of pregnancy is established through clear signs, and its resulting legal implications (in marriage, Hadd punishments, Qisas, annulment of sales contracts for a purchased female slave, exemption from Zakat collection, and obligation of blood money) are affirmed as if it were fully realized. The analogy with inheritance fails because inheritance requires delivery and 'Istihlal' (the first cry) after delivery, which does not occur before birth, and the specifics of the fetus relevant to inheritance are unknown, whereas maintenance is due upon mere conception and does not vary based on the fetus's state.