Does the child born to a woman four years after the death of her husband belong to the deceased husband?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
The child born to a woman four years after the death of her husband does not belong to the deceased husband. This is because it is established that the conception occurred after the termination of the marriage bond, making her a stranger to him, akin to any other unrelated woman. The opinion inferred from Al-Kharqi suggests that her waiting period (Iddah) does not terminate upon the delivery of this child, similar to a child born less than six months after marriage, as the paternity cannot be negated without mutual Imprecation (Li'an).
Supporting text
Al-Qadi holds that the Iddah terminates upon delivery of the child, which is the view of Al-Shafi'i. This is because the child could potentially be attributed to him through suspect intercourse (shubhah) or a renewal of marriage, thus the Iddah must terminate even if the child is not legally attributed to him, unlike a child negated by Li'an, which is certainly negated.