The lineage of a child born six months after the nikah

Question

Hinda’s husband gave her talaq. Three months after the talaq Hinda entered into nikah with Zayd. Zayd and Zayd’s relatives sought testimony from Hinda’s father as to whether her ‘idda had been completed or not, and whether Hinda was pregnant at that time or not. Hinda’s father swore an oath in the gathering that her ‘idda had been completed and that she was not pregnant. On the basis of this oath the nikah took place; however, six and a half or six and three-quarter months later a boy was born to Hinda.

Answer

If Hinda admitted, “My ‘idda has ended,” and she is upright (‘adila), and Zayd became certain of her statement, then according to the Sharia Zayd’s nikah with Hinda will be valid: [ar]ولو أن امرأة قالت لرجل: إن زوجي طلقني ثلاثا وانقضت عدتي، فإن كانت عدلة وسعه أن يتزوجها، وإن كانت فاسقة تحرى وعمل بما وقع تحريه عليه، كذا في الذخيرة.

Source: Fatawa Mahmudiyya

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