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The question

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?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

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 hadith: "Leave that which makes you doubt for that which does not make you doubt."

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
49607
Imported
Translation status
Source text, unreviewed
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