Does a child born after temporary separation (Azl) belong to the father?

General Chapter

Al-Mughni

Book of the Wedding Feast

Book 37 · Issue 1 · Bab 1

Open in Qurani

Primary text

The lineage (nasab) of a child belongs to the man if the mother is his divorced wife or his female slave, even if separation (azl) occurred before conception. This is supported by the narration from Abu Dawud, where Jabir reported that a man from the Ansar inquired about performing azl on his slave girl because he disliked her becoming pregnant. The Prophet (peace be upon him) permitted it, stating, "If you wish, perform azl upon her, for what is destined for her will come to her." Furthermore, Abu Sa'id narrated that he performed azl on his slave girl, and the child born was the dearest to him. Lineage is a ruling connected to the act of intercourse (watu'), and thus, ejaculation is not required for its validity, similar to other rulings.

Supporting text

It has been stated that intercourse within the private parts inherently results in ejaculation, even if the man does not perceive it.