Is it permissible for a man to have sexual intercourse with his pregnant wife if he divorced her with a divorce contingent upon her giving birth?
Scholars have differed regarding the ruling on conditional divorce tied to an event that will inevitably occur:
Some hold that the divorce does not take effect until the condition occurs, and the husband is permitted to have marital relations with his wife until that time.
Others believe that the divorce takes effect immediately, because the condition will inevitably occur. They cite as evidence the case of a man who says to his pregnant wife, "If you give birth, you are divorced," in which case she is divorced immediately.
For one who has divorced his wife with such a condition, it is safer not to have marital relations with her during the pregnancy, in accordance with the : "Leave that which makes you doubt for that which does not make you doubt."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 49607
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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