How is the lineage of a child determined when a pregnant woman has two potential fathers from valid or quasi-valid relationships?

General Chapter

Al-Mughni

Book of Waiting Periods ('Iddah)

Book 44 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the child can only possibly be from the first father (i.e., born less than six months after the second intercourse, and within four years of separation from the first), the lineage is attributed to the first, and her 'iddah' for him concludes upon delivery, after which she observes three menstrual cycles ('quru') for the second relationship. If the child can only possibly be from the second father (i.e., born six months or more after the second intercourse, and more than four years after separation from the first), the lineage is attributed to the second, concluding her 'iddah' for him. In this case, the 'iddah' for the second relationship precedes the first because the pregnancy cannot be attributed to one man while the 'iddah' is observed for another.

Supporting text

If it is possible for the child to be from either man (i.e., born six months or more after the second intercourse, and within four years of separation from the first), the matter is referred to the professional genealogist ('qaifah'). If the 'qaifah' attributes the lineage to the first man, the ruling follows that case. If attributed to the second, the ruling follows the case where it is exclusively from the second. If the matter remains ambiguous to the 'qaifah', or if no 'qaifah' is available, she must observe an 'iddah' of three menstrual cycles after delivery. This is to ensure that if the child is from the first man, she has completed the 'iddah' for the second, and if from the second, she must complete the 'iddah' for the first, thus removing certainty of obligation.