Question: If a child is born two months after marriage, can the child be considered legitimate?
Answer: How can a child born two months after marriage be considered lawful when the soul is breathed into the fetus after four months? It is narrated from Sayyiduna Abdullah bin Masood that the Messenger of Allah ﷺ said:
«ان احدكم يجمع فى بطن امه اربعين يوما ثم يكون علقة مثل ذلك ثم يكون مضعة مثل ذلك ثم يبعث الله . . . . الروح»
“Indeed, one of you is gathered in his mother’s womb for forty days as a drop (nutfah), then it becomes a clot like a piece of coagulated blood, then it becomes a lump of flesh. Then Allah sends an angel to it who is commanded with four things: its provision, its lifespan, its deeds, and whether it will be wretched or blessed. Then the soul is breathed into it.”
From this authentic hadith, it is understood that the soul is breathed into the fetus after four months. After that, at least two more months are needed until birth. That is, if a child is born at least six months after marriage, scholars have considered it lawful and have deemed it correct to attribute the child to the father. The evidence for this is Allah’s statement:
«وَوَصَّيْنَا الْإِنْسَانَ بِوَالِدَيْهِ إِحْسَانًا حَمَلَتْهُ أُمُّهُ كُرْهًا وَوَضَعَتْهُ كُرْهًا وَحَمْلُهُ وَفِصَالُهُ ثَلَاثُونَ شَهْرًا . . . . ﴿15﴾»
“And We have enjoined upon man [care] for his parents. His mother carried him, increasing her in weakness upon weakness, and his weaning is in two years.”
In this noble verse, Allah Almighty has stated that the duration of pregnancy and weaning is thirty months, in which twenty-four months (two years) is the period of breastfeeding, and the remaining six months are the duration of pregnancy because the Quran itself has clarified the period of breastfeeding.
Allah says:
«و الوالدات يرضعن اولادهن حولين كاملين لمن اراد ان يتم الرضاعتة»
“Mothers may breastfeed their children two complete years for whoever wishes to complete the nursing period.”
In this verse, by saying «حولين كاملين», it is indicated that the period of breastfeeding is two years.
Similarly, at another place, Allah says:
«و وصينا الانسان بوالديه حملته امه وهنا على وهن و فصاله فى عامين ان اشكر لي و لوالديك الي المصير»
“And We have enjoined upon man [care] for his parents. His mother carried him with hardship and gave birth to him with hardship, and his gestation and weaning [period] is thirty months…”
In this verse too, Allah has indicated the weaning period as two years by saying «وفصاله فى عامين». Therefore, a child born six months after marriage will be considered legitimate, and a child born before that will not be legitimate.
Imam Ibn Kathir (may Allah have mercy on him) says:
«و قد استدل على رضى الله عنه بهذه الاية مع التى فى لقمان : ﴿و فصاله فى عامين﴾ و قوله تبارك و تعالىٰ : ﴿ ولوالدات يرضعن اولادهن حولين كاملين لمن اراد ان يتم الرضاعة ﴾ على ان اقل مدة الحمل ستة اشهر و هو استنباط قوي و صحيح و و اقفه عليه عثمان و جماعة من الصحابة رضي الله عنهم»
“Sayyiduna Ali (may Allah be pleased with him) combined this verse from Surah Al-Ahqaf with the verse from Surah Luqman (14) and Surah Al-Baqarah (233) to deduce that the minimum duration of pregnancy is six months. This is a strong and correct inference, and it was agreed upon by Uthman (may Allah be pleased with him) and a group of the Companions (may Allah be pleased with them).”
Imam Qurtubi (may Allah have mercy on him) says:
«فالرضاع اربعة و عشروں شهرا والحمل ستة اشهر»
“The duration of breastfeeding is twenty-four months and the duration of pregnancy is six months.”
After writing the verses about the breastfeeding period from Surah Luqman and Surah Al-Baqarah, Allama Shaqiti (may Allah have mercy on him) says:
«بين ان امد الفصال عامان و هما اربعة و عشرون شهرا فاذا طر حتها من الثلاثين بقيت ستة اشهر فتعين كونها امد الحمل و هي اقله و لا خلاف فى ذلك بين العلماء»
“In the verses of Surah Luqman and Surah Baqarah, Allah Almighty has stated the breastfeeding period as two years, which is twenty-four months. When you subtract twenty-four months from thirty months, six months remain, which determines the duration of pregnancy, and this is the minimum duration. There is no difference of opinion among scholars on this matter.”
Imam Baydawi (may Allah have mercy on him) says:
«وفيه دليل على ان اقل مدة الحمل ستة اشهر لانه اذا حط منه الفصال حولان لقوله تعالىٰ : ﴿ حولين كاملين لمن اراد ان يتم الرضاعة﴾ بقي ذلك»
“This noble verse is evidence that the minimum duration of pregnancy is six months. Because according to Allah’s command: «حولين كاملين», when the two years of breastfeeding are subtracted from thirty months, six months remain.”
In Tafsir Jalalayn it is stated:
«ستة اشهر اقل مدة الحمل و الباقي اكثر مدة الرضاع»
“Six months is the minimum duration of pregnancy and the remaining two years is the maximum duration of breastfeeding.”
Allama Zamakhshari (may Allah have mercy on him) says:
«وهذا دليل على ان اقل الحمل ستة اشهر لان مدة الرضاع اذا كانت حولين لقوله عزوجل : ﴿حولين كاملين لمن اراد ان يتم الرضاعة ﴾ بقيت للحملل ستة اشهر»
“This verse is evidence that the minimum duration of pregnancy is six months because according to Allah’s command «حولين كا ملين», the breastfeeding period is two years, so when you subtract twenty-four months from thirty months, six months remain for pregnancy.”
Allama Muhammad Alusi (may Allah have mercy on him) writes:
“From this noble verse, Ali and Abdullah bin Abbas (may Allah be pleased with them) and a group of scholars deduced that the minimum duration of pregnancy is six months because when you subtract two years of breastfeeding from thirty months, due to Allah’s command that ‘Mothers may breastfeed their children two complete years for whoever wishes to complete the nursing period,’ six months remain for pregnancy. This is also confirmed by physicians. Galen said: ‘I was a strict seeker regarding the duration of pregnancy, and I saw a woman give birth after 184 nights’ (i.e., six months and four nights). Ibn Sina claimed this observation.”
For further explanation of this noble verse, see:
Tafsir Fath al-Qadeer by Al-Shawkani (5/18),
Tafsir Aysar al-Tafasir (4/231),
Tafsir Al-Maraghi (27/18),
Tafsir Ma’alim al-Tanzeel (4/167),
Ahkam al-Quran by Abi Bakr Ibn al-Arabi (4/1697),
Tafsir Madarik (2/553),
Tafsir Qasimi (8/445),
Tafsir Fath al-Bayan (6/300).
Baja bin Abdullah Al-Juhani (may Allah be pleased with him) says:
“A man from our tribe married a woman from the Juhani tribe, and as soon as six months were completed, she gave birth. Her husband mentioned this to Uthman bin Affan (may Allah be pleased with him), who sent a man to that woman. When she prepared to come, her sister started crying. The woman said to her sister: ‘Why are you crying? By Allah, I have not been intimate with anyone other than this man from Allah’s creation. Allah will decide whatever He wills regarding me.’ When the man brought her to Uthman (may Allah be pleased with him), he ordered her to be stoned. When this reached Ali (may Allah be pleased with him), he came and said to the Caliph of the Muslims, Uthman (may Allah be pleased with him): ‘What are you about to do?’ The Caliph replied: ‘This woman gave birth as soon as six months were completed. Is that possible?’ Ali (may Allah be pleased with him) said: ‘Have you not read the Quran?’ He said: ‘Of course.’ Ali said: ‘Have you heard this verse «و حمله و فصاله ثلاثون شهرا» “Her gestation and weaning [period] is thirty months” and it is said: «حولین کاملین» “The nursing period is two years”? When you subtract twenty-four months from thirty months, six months remain.’ Uthman (may Allah be pleased with him) said: ‘By Allah, I had not thought of this. Bring this woman to me.’ So people found her in a state that she had just delivered. Baja bin Abdullah Al-Juhani (may Allah be pleased with him) says: ‘By Allah, no crow resembles another crow, nor does one egg resemble another egg as much as this child resembled his father.’ When the boy’s father saw him, he said: ‘By Allah, this is my son; I have no doubt about him.'”
From the above explanation, it becomes clear that a child born six months after marriage is considered legitimate and attributed to the father, while a child born two months after marriage cannot be legitimate in any way. There is definitely involvement of immorality in such a case. Parents should be cautious about their children. After children reach maturity, they should be married as soon as possible with suitable matches so that they can avoid unlawful acts. Many parents unnecessarily delay their children’s marriages, and most of these children waste their youth in various streets, parks, squares, crossroads, hotels, and nightclubs, falling prey to sexual misconduct. We should disregard Hindu customs and marry off our children according to the Book and Sunnah as soon as possible so that they can protect their gaze and chastity and become pure, pious, and righteous individuals.
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