Question:
A man got engaged to a girl, they used to have intimate relations, then they got married, and two months after the marriage, the girl gave birth to a child. Will this child be considered lawful (halal) or unlawful (haram)? Please explain according to the Book and Sunnah.
Answer:
It is not possible for a child to be born two months after marriage in any way. How can a child born two months after marriage be considered legitimate? Since the soul is breathed into the fetus after four months. Abdullah bin Masood (may Allah be pleased with him) narrates from the truthful and trustworthy Messenger of Allah (peace be upon him):
إن أحدكم يجمع فى بطن أمه أربعين يوما ثم يكون علقة مثل ذلك ثم يكون مضغة مثل ذلك ثم يبعث الله ملكا فيؤمر بأربعة برزقه وأجله وشقي أو سعيد ثم ينفخ فيه الروح
“Indeed, each one of you is kept in his mother’s womb for forty days as a drop of fluid, then it becomes a clot of blood, then a lump of flesh like that, then Allah sends an angel to it who is commanded with four matters: its provision, its lifespan, whether it will be fortunate or unfortunate, then the soul is breathed into it.”
From this authentic hadith, it is understood that the soul is breathed into the child after four months. After that, at least two more months are needed until birth, meaning scholars have considered a child born at least six months after marriage to be legitimate and it is correct to attribute such a child to his father.
The evidence for this is that Allah, the Exalted, has said:
﴿وَوَصَّيْنَا الْإِنسَانَ بِوَالِدَيْهِ إِحْسَانًا ۖ حَمَلَتْهُ أُمُّهُ كُرْهًا وَوَضَعَتْهُ كُرْهًا ۖ وَحَمْلُهُ وَفِصَالُهُ ثَلَاثُونَ شَهْرًا﴾
“And We have enjoined upon man to be good to 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 noble verse, Allah has stated that the duration of pregnancy and weaning is thirty months (two and a half years). Of these, twenty-four months (two years) are the period of breastfeeding, and the remaining six months are the gestation period, because the Quran itself clarifies the duration of breastfeeding. Allah, the Exalted, says:
﴿وَالْوَالِدَاتُ يُرْضِعْنَ أَوْلَادَهُنَّ حَوْلَيْنِ كَامِلَيْنِ لِمَنْ أَرَادَ أَن يُتِمَّ الرَّضَاعَةَ﴾
“Mothers shall breastfeed their children for two complete years for whoever wishes to complete the nursing period.”
In this noble verse, by saying ﴿حَوْلَيْنِ كَامِلَيْنِ﴾, it is indicated that the duration of breastfeeding is two years. Similarly, at another place, it is said:
﴿وَوَصَّيْنَا الْإِنسَانَ بِوَالِدَيْهِ حَمَلَتْهُ أُمُّهُ وَهْنًا عَلَىٰ وَهْنٍ وَفِصَالُهُ فِي عَامَيْنِ أَنِ اشْكُرْ لِي وَلِوَالِدَيْكَ إِلَيَّ الْمَصِيرُ﴾
“And We have enjoined upon man to be good to his parents. His mother carried him with hardship and gave birth to him with hardship, and his weaning is two years, that you may be grateful to Me and to your parents. To Me is the final destination.”
In this noble verse as well, Allah has said ﴿فِصَالُهُ فِي عَامَيْنِ﴾, indicating that the duration of weaning is two years. Therefore, a child born six months after marriage is considered legitimate, and a child born before that period is not legitimate.
Imam Ibn Kathir (may Allah have mercy on him) says:
وقد استدل على رضى الله عنه بهٰذه الآية مع التى فى لقمان ﴿وَفِصَالُهُ فِي عَامَيْنِ﴾ وقوله تعاليٰ ﴿وَالْوَالِدَاتُ يُرْضِعْنَ أَوْلَادَهُنَّ حَوْلَيْنِ كَامِلَيْنِ لِمَنْ أَرَادَ أَن يُتِمَّ الرَّضَاعَةَ﴾ على أن أقل مدة الحمل ستة أشهر وهو استنباط قوي وصحيح ووافقه عليه عثمان وجماعة من الصحابة رضي الله عنهم
“Sayyiduna Ali (may Allah be pleased with him) combined the verse of Surah Al-Ahqaf with the verse of Surah Luqman and Surah Al-Baqarah to deduce that the minimum gestation period is six months. This deduction is strong and correct, and a group of companions including Uthman (may Allah be pleased with him) agreed with him.”
Imam Qurtubi (may Allah have mercy on him) says:
فالرضاع أربعة وعشرون شهرا والحمل ستة أشهر
“The duration of breastfeeding is twenty-four months and the gestation period is six months.”
Allama Shanqeeti (may Allah have mercy on him) writes after quoting the verses of Surah Luqman and Surah Baqarah about the duration of breastfeeding:
يبين أن أمد الفصال عامان وهما أربعة وعشرون شهرا فإذا طرحتها من الثلاثين بقيت ستة أشهر فتعين كونها أمدا للحمل وهى أقله ولا خلاف فى ذلك بين العلماء
“In the verses of Luqman and Baqarah, Allah has stated the duration of weaning as two years, which is twenty-four months. When twenty-four months are subtracted from thirty months, six months remain, which determines the gestation period 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 أن أقل مدة الحمل ستة أشهر لأنه إذا طرح منه الفصال حولين لقوله تعالى ﴿حَوْلَيْنِ كَامِلَيْنِ لِمَنْ أَرَادَ أَنْ يُتِمَّ الرَّضَاعَةَ﴾ بقي ذلك
This noble verse is evidence that the minimum gestation period is six months, because according to Allah’s command “two complete years,” when the two years of breastfeeding are subtracted from thirty months, six months remain.
In Tafsir Jalalayn it is stated:
ستة أشهر أقل مدة الحمل والباقي أكثر مدة الرضاع
“Six months is the minimum gestation period and the remaining two years is the maximum duration of breastfeeding.”
Allama Zamakhshari (may Allah have mercy on him) says:
وهٰذا دليل على أن أقل الحمل ستة أشهر لأن مدة الرضاع إذا كانت حولين لقوله عز وجل ﴿حَوْلَيْنِ كَامِلَيْنِ لِمَنْ أَرَادَ أَنْ يُتِمَّ الرَّضَاعَةَ﴾ بقيت للحمل ستة أشهر
“This verse is evidence that the shortest gestation period is six months, because according to Allah’s command ﴿حَوْلَيْنِ كَامِلَيْنِ﴾, the duration of breastfeeding is two years, so when twenty-four months are subtracted from thirty months, six months remain for gestation.”
Allama Mahmood Alusi (may Allah have mercy on him) writes:
واستدل بها على كرم الله تعالى وجهه وابن عباس وجماعة من العلماء على أن أقل مدة الحمل ستة أشهر لأنه إذا طرح عن الثلاثين لفصال حولين لقوله تعالى ﴿حَوْلَيْنِ كَامِلَيْنِ لِمَنْ أَرَادَ أَنْ يُتِمَّ الرَّضَاعَةَ﴾ يبقى للحمل ستة أشهر وبه قال الأطباء قال جالينوس كنت شديد الفحص عن مقدار زمن الحمل فرأيت امرأة ولدت لمائة وأربع وثمانين ليلة وادعى ابن سينا أنه شاهد ذلك
“From this noble verse, Ali (may Allah honor his face), Abdullah bin Abbas, and a group of scholars deduced that the minimum gestation period is six months, because when two years (twenty-four months) of breastfeeding are subtracted from thirty months, six months remain for gestation. This has also been confirmed by physicians; Galen said that he was very keen to know the duration of pregnancy and observed that a woman gave birth after one hundred eighty-four days, i.e., six months and five nights. Ibn Sina claimed to have observed this.”
For further explanation of this noble verse, see: Tafsir Fath al-Qadeer by Shawkani
, Aysar al-Tafasir
, Tafsir A’rafi
, Tafsir Ma’alim al-Tanzeel known as Tafsir Bagawi
, Ahkam al-Qur’an by Abu Bakr Ibn al-Arabi
, Tafsir Madarik
, Tafsir Qasimi
, and Tafsir Fath al-Bayan
.
Baja bin Abdullah Jahni says that a man from our tribe married a woman from the Jehina 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 had relations with anyone except this man (my husband) among Allah’s creation. Allah will decide whatever He wills regarding me. When the man brought the woman to Uthman (may Allah be pleased with him), he ordered her to be stoned. When this reached Ali al-Murtaza (may Allah be pleased with him), he came and said to the Caliph of the Muslims, Uthman bin Affan (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 al-Murtaza said: Have you not read the Quran? He said: Of course! Ali al-Murtaza said: Have you not read this verse: ﴿وَحَمْلُهُ وَفِصَالُهُ ثَلَاثُونَ شَهْرًا﴾ “His gestation and weaning period is thirty months,” and Allah said: ﴿وَفِصَالُهُ فِي عَامَيْنِ﴾ “The duration of breastfeeding is two years.” When twenty-four months are subtracted from thirty months, six months remain. Uthman (may Allah be pleased with him) said: By Allah! I had not thought of this. Go and bring that woman to me. People found that woman after she had been stoned. Baja bin Abdullah Jahni says: By Allah! No crow resembles another crow, nor does one egg resemble another egg as much as that woman’s 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 his father, and a child born two months after marriage cannot be legitimate in any way. Surely, immorality is involved in such a case. Parents should be cautious about their children. After the children reach adulthood, they should find suitable matches and marry them as soon as possible so that they can avoid immorality. Most parents who unnecessarily delay their children’s marriages are those whose youth is wasted in various neighborhoods, streets, parks, squares, crossroads, hotels, and nightclubs, falling prey to sexual misconduct. We should set aside our customs and Hindu traditions 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.
