Is the girl who was born after the husband took back his wife whom he had divorced twice, and after her iddah had ended, and then had intercourse with her and she gave birth to the girl before the renewal of the legal contract, considered a child of zina?
When a woman's waiting period (iddah) from the first or second divorce ends, she becomes irrevocably separated from her husband with a minor irrevocable divorce (baynunah sughra). He is not permitted to take her back except with a new marriage contract. If he takes her back with a new contract, then she is his wife, and the delay in documenting the contract does not harm this. However, if he takes her back without a new contract, he has had intercourse with a woman who is a stranger to him, and the child born from this union is not attributed to him, unless he believed she was permissible for him, in which case the child is attributed to him due to the شبهة (semblance of legality). Otherwise, the child is a child of zina (fornication/adultery). One must be careful not to be lenient concerning matters of sexual relations, and it is important to ask before acting for those who are ignorant of the Shar'i ruling, for Allah the Almighty says: "So ask the people of the message if you do not know."
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- Original fatwa ID
- 164898
- Imported
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