The validity of a husband's revocation (raja'ah) during a pregnancy where paternity is uncertain between the first and second husbands.

General Chapter

Al-Mughni

Book of Reconciliation (Return During 'Iddah)

Book 40 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the husband revokes the revocable divorce while she is pregnant, and the pregnancy is later confirmed to be from the second husband, the revocation is invalid. If it is confirmed to be from the first husband, one view holds it is valid because he revoked her during her 'iddah from him. The stronger view is that the revocation is valid even with doubt concerning the permissibility of revocation, as revocation is not an act of worship whose validity is nullified by doubt. Proof is drawn from acts of worship where doubt does not nullify validity, such as one who is unsure which of five prayers was the missed one, or one who performs ablution while doubting the existence of ritual impurity.

Supporting text

An opposing view suggests the revocation might be invalid because he revoked her while doubting whether the revocation was permissible. If the husband revokes after delivery, and the pregnancy is confirmed to be from the second husband, the revocation is valid. If confirmed to be from the first husband, the revocation is invalid because the 'iddah concluded with the delivery.