If a man commits intercourse with his wife or female slave based on a misconception (*shubhah*) during a period of purity, and he abstains from her until she delivers a child six months after the intercourse, to whom does the child belong?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
The lineage of the child belongs to the man who performed the intercourse, and it is denied from the husband without the need for *li'an* (mutual imprecation). This is because the man exclusively performed the intercourse during a period where lineage attribution to him is possible, establishing the lineage as if she were unmarried. This is based on analogous reasoning from established precedents.
Supporting text
According to Abu Bakr and Abu Hanifa, the child belongs to the husband because the child belongs to the bed (*al-firash*). If the man who performed the intercourse denies the intercourse, his statement is accepted without an oath, and the lineage is attributed to the husband because it cannot be attributed to the denier; the claim of the husband to sever the lineage is not accepted. If the child is born less than six months from the intercourse, the child belongs to the husband in all cases because it is known that the child is not from the man who performed the intercourse.