Does a divorce that occurred during a period of purity in which the spouses had intercourse, and then it became clear a month later that the wife was pregnant and the pregnancy was miscarried before completing two months, take effect?
If a divorce occurs during pregnancy, it is valid, even if the spouses were unaware of the pregnancy. If there is doubt about the existence of pregnancy at the time of divorce, the default assumption is its non-existence. Therefore, the divorce is not valid if it occurred during a period of purity in which the husband had intercourse with his wife. However, if the existence of pregnancy at the time of uttering the divorce is certain, then the divorce is valid.
The waiting period (iddah) for a pregnant woman ends with childbirth. If she miscarries a fetus that shows signs of human creation (such as a head, hand, or foot), then the iddah ends with that, and the husband cannot take his wife back except with a new contract and dowry. However, if she gives birth to her child after two months, the iddah does not end with that; rather, she observes an iddah of three menstrual cycles, and the husband is permitted to take her back as long as she is within her iddah.
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