Is a child born more than four years from a revocable divorce, but less than four years from the end of the Iddah, attributed to the husband?

General Chapter

Al-Mughni

Book of Mutual Imprecation (Li'an)

Book 43 · Issue 7 · Bab 1

Open in Qurani

Primary text

If the divorce was revocable (raj'i), and the child is delivered more than four years from the divorce but less than four years from the end of the Iddah, paternity is negated from him because conception occurred after the finality of the separation (baynuna).

Supporting text

There are two narrations regarding this case. One narration states that the child is not attributed to him because conception did not occur before the divorce, resembling the irrevocable case. The second narration states that the child is attributed to him because during the Iddah period, she remains in the legal status of a wife concerning residence, maintenance, divorce, rhetorical divorce (zihar), oath of abstinence (iilaa'), and permissibility of sexual relations, thus resembling the state before divorce.