He replied:

All praise belongs to Allah. He must swear that she did not give birth to the girl during her waiting period, or while married to him, or in his home, under circumstances in which the child’s paternity could be attributed to him. But if she married another man and could have borne the girl by the second husband, he is not required to swear that she did not give birth to her. And if she swears that she did not give birth to her before her later marriage to the second husband. If he is coerced into acknowledging paternity, his acknowledgment is invalid.

He—may Allah have mercy on him—was asked:

A man married a woman but neither consummated the marriage nor had intercourse with her. She gave birth two months later. Is the marriage valid, and is he liable for the dower?

He replied:

All praise belongs to Allah. By agreement of the Muslims, the child’s paternity is not attributed to him. Likewise, by agreement of the Muslims, he does not become liable for the full dower. However, scholars hold “two opinions” concerning the marriage contract.

The more correct opinion is that the contract is invalid, as held by Mālik, Ahmad, and others. In that case, the couple must be separated, and he owes neither a dower, nor half a dower, nor a parting gift, just as with other invalid marriage contracts when separation occurs before consummation. However, the separation should be ordered by a judge who considers the contract invalid, so as to settle the dispute.

The “second opinion” is that the contract is valid, but he may not have intercourse with her until she gives birth, as held by Abū Hanīfah.

It has also been said that he may have intercourse with her before she gives birth, as held by al-Shāfi‘ī,