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The first opinion is that the longest possible pregnancy is two lunar years. Its proponents cite the statement of the Mother of the Believers ʿĀʾishah (Allah be pleased with her): “No embryo remains in its mother’s womb for more than two years.” A report of this kind allows no room for personal reasoning, so it carries the legal weight of a narration traced back to the Prophet ﷺ.
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The second opinion sets the maximum at four years, arguing that when no explicit text exists one turns to what is empirically observed, and pregnancies lasting up to four years have indeed been documented.
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The third opinion maintains that a pregnancy can last several years.
The strongest view—Allah knows best—is that the maximum gestation period is four years. No conclusive textual evidence fixes a precise limit, so the matter returns to actual occurrence, and pregnancies of four years have been verified. Allah knows best.
The third situation arises when the child is delivered after the minimum gestation period but before the maximum. In this case: if the mother has a husband or a master who has intercourse with her during that interval, the fetus does not inherit from the deceased, because its existence at the time the estate-leaver died is not certain; it might have been conceived through intercourse that took place after his death. If, however, she is not subject to intercourse during that interval—because she has no husband or master, because they are absent, or because they desist from intercourse out of incapacity or deliberate abstention—then the fetus does inherit, for its existence is deemed established.
The scholars unanimously agree that when the newborn utters istihlal (cries) after birth, its being born alive with a stable life is fully confirmed. They differ, however, regarding other indicators—such as movement, suckling, or breathing. Some scholars restrict proof of life to istihlal alone and do not