Section
If a divorce is suspended on the wife’s being pregnant:
• Where pregnancy is plainly evident, the divorce takes effect immediately.
• If no pregnancy is visible, then:
– Should she give birth within six months of the suspension, it becomes certain that the divorce has taken effect.
– Should she give birth after more than four years, or at any time between six months and four years during which he had intercourse with her and conception could have occurred afterwards, the divorce does not take effect.
– In every other situation, the sounder view is that it does take effect.
If he says, “If you are pregnant with a boy, one divorce falls; if with a girl, two divorces,” and she delivers twins—one male and one female—three divorces fall.
But if he phrases it, “If the child you are carrying is a boy, one divorce; if a girl, two divorces,” and she gives birth to both, nothing takes effect.
If he says, “When you give birth you are divorced,” and she bears two children in succession, the divorce falls with the first child and her waiting-period ends with the second.
If he says, “Every time you give birth you are divorced,” and she delivers triplets from a single pregnancy, two divorces fall with the first two births and her waiting-period ends with the third; according to the sounder opinion a third divorce is not incurred.
Assume he has four wives and says, “Whenever one of you gives birth, all her co-wives are divorced.”
• If they all give birth simultaneously, each wife is divorced three times.
• If they give birth one after another, the fourth wife is divorced three times, and so is the first wife provided her waiting-period is still running; the second wife incurs one divorce, and the third two divorces, the waiting-periods of the second and third ending with their respective deliveries. Another opinion holds that the first wife is not divorced at all, while the remaining wives are each divorced once.
• If two wives give birth together, followed later by the other two giving birth together, the first pair are divorced three times each, and the latter pair two times each.
A wife is believed on oath concerning her own menstruation, except where the divorce has been suspended on that very menstruation. She is not believed, according to the sounder opinion, with respect to childbirth, nor is she believed in matters that relate to a divorce suspended for another woman.
If he says to two wives, “If you both menstruate you are divorced,” and they claim to have menstruated while he denies it, he is believed on oath and no divorce occurs. If he contradicts only one of them, that one alone is divorced.
If he says, “If—when—or whenever—I divorce you, you are divorced three times beforehand,” and then actually pronounces the divorce, only the immediately-uttered divorce counts; another view says that nothing counts at all.
Likewise, if he says, “If I declare ẓihār from you, take an oath of īlāʾ, engage in liʿān, or annul the marriage because of your defect, you are divorced three times beforehand,” and the condition is subsequently fulfilled