Some scholars held that she must undergo a waiting period of one menstrual cycle, because it is possible that she has become pregnant; but she is not required to observe the full waiting period, since that is required only in marriage.

Others held that she must observe a waiting period of three menstrual cycles. If she is nursing and we adopt this view—and a nursing woman will generally not menstruate—she will remain for two years. In any case, the soundest view on this matter is that she is required neither to observe a waiting period nor to undergo a one-cycle waiting period, and that we prefer and encourage him to hasten to have intercourse with her.

Or if he says, “She did not commit fornication, but this child is not mine,” and a trustworthy woman testifies that the child was born upon his marital bed, the child’s lineage is attributed to him, and there is no liʿān. Once liʿān has been completed, the prescribed punishment and discretionary punishment are waived from him, and separation between them is established, with perpetual prohibition of remarriage.

His statement, “Or if he says, ‘She did not commit fornication, but this child is not mine’”: The husband says, “She did not commit fornication, and I do not accuse her of fornication, but this child is not mine,” since it is possible for her to have been intercourse with under a mistaken assumption of law. Yet by saying, “She did not commit fornication,” he is being cautious about claiming that she was intercourse with under such a mistaken assumption, because he does not know whether she was intercourse with under a mistaken assumption or whether she committed fornication. In that case, there is no liʿān between them, and the child is legally attributed to him; he cannot disavow it.

If he is certain that the child is not his—for example, because he had been away from her and had ensured that her womb was clear—we say: the child is yours, against your will. If he wishes to disavow the child, he must accuse her of fornication and then engage in liʿān. This is the established position of the school, but it is an exceedingly weak view; indeed, most of the school’s scholars do not adopt it.

The correct view is that liʿān is valid for disavowing the child. Thus, he may say: “She did not commit fornication, nor do I accuse her of fornication, but this child is not mine.” Or he may say four times: “I bear witness by Allah that this child is not mine,” and on the fifth time: “May Allah’s curse be upon him if he is lying.” This view is the preponderant one; rather, it is the only one that must be adopted, because a person may be tested with such a case. To attribute the child to this man while he says, “He is not mine,” means that the child is ascribed to him,