If the child cannot be attributed to him because of the husband’s young age, because he is sexually mutilated, or because she gives birth less than six months after he married her, and the child survives, then her waiting period is not ended by it. The maximum duration of pregnancy is four years, its minimum is six months, and its usual duration is nine months. It is permissible to expel the semen-drop before forty days by means of a lawful medication.
His statement, “If the child cannot be attributed to him because of his young age,” means that it cannot be attributed to the husband because of his young age—namely, if he is under ten years old. For example, if a husband under ten has intercourse with his wife, we say: no legal consideration is given to this intercourse or to being in seclusion with her, because the child cannot be attributed to him. One who is under ten cannot produce semen from which a human being may be created. Even if it were supposed that he had sexual desire and ejaculated, he still could not father a child until he reaches ten years of age.
His statement, “or because he is sexually mutilated,” means that he has neither a penis nor testicles. If only his testicles have been removed, he is castrated; and if his penis has been removed, he is emasculated—whether this condition was congenital or occurred later. Such a person cannot have a child attributed to him.
His statement, “or because she gives birth less than six months after he married her,” means that the child cannot be attributed to him. Thus, if a man marries a woman, then divorces her while she is pregnant, and she gives birth to a child that survives after only five months have passed from the marriage contract, the child cannot be attributed to him, and her waiting period is not ended by its birth, because the child is not ascribed to him. She must therefore, after giving birth, observe a waiting period of three menstrual cycles.
His statement, “and the like,” means that she gives birth more than four years after he has irrevocably separated from her, based on the view that the maximum duration of pregnancy is four years. If she gives birth more than four years after he irrevocably separated from her, her waiting period is not ended by that birth, and the child is not attributed to her husband. An example is a man who divorces his wife with the final of three divorces while she is pregnant, but she does not give birth until more than four years have passed. The child is not his; therefore, her waiting period is not ended by its birth, and she must wait until she has menstruated three times.
His statement, “and the child survives,” refers back to his statement, “less than six months.”