Whose statement is accepted regarding the timing of divorce when the wife is pregnant and delivers?
General Chapter
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
If a husband divorces a pregnant wife, she delivers, and he claims he divorced her while she was pregnant, meaning her waiting period (Iddah) concluded with the delivery, thereby ending maintenance obligation and negating his right to reconciliation (Raj'ah). If the wife claims the divorce occurred after delivery, she is entitled to maintenance and he has the right of reconciliation, the wife's statement is accepted. This is because the default ruling is the continuation of maintenance and the absence of any factor nullifying it, and she remains obligated to the Iddah. Furthermore, the husband has no right to reconciliation as he admitted its absence.
Supporting text
If the husband affirms the wife's claim after the divorce (stating the divorce was post-delivery), his right to reconciliation is established because she affirms it for him. Conversely, if the husband claims he divorced her after delivery, granting him the right of reconciliation but denying her maintenance, and the wife claims she was pregnant at the time of divorce, the husband's statement is accepted because the default ruling is the preservation of the right of reconciliation, and she is not entitled to maintenance or Iddah, as these latter two relate to the rights of Allah, in which case her statement is accepted.