Chapter on the Divorce of a Pregnant Woman

"The divorce of a pregnant woman is a single divorce, and once she delivers what is in her womb, she is separated from him."

I heard Imam (as) say, "A pregnant divorced woman is to be provided for until she delivers her child, and she has more right to nurse her child as long as she accepts compensation similar to what another woman would accept. Allah (swt), the Mighty and Majestic, says: 'No mother should be harmed because of her child, nor should any father because of his child. And upon the heir is the same responsibility' (Surah Al-Baqarah 2:233) There should be no harm caused to the child nor to the mother in matters of nursing. She is not entitled to take compensation for nursing beyond two complete years, but if they both agree to wean the child before that 'by mutual consent and consultation,' then it is acceptable. And 'weaning' means the cessation of breastfeeding."

"In the case of a pregnant woman whose husband has passed away, her expenses are to be provided from the wealth of the child she carries in her womb."

Hadith.4790 - In the narration of Al-Sakuni, he said that Imam Ali ibn Abi Talib (as) said: "The expenses of a pregnant woman whose husband has passed away are to be provided from the entire wealth until she gives birth."

"The Commander of the Faithful (as) passed judgment regarding a woman whose husband had passed away while she was pregnant. She gave birth before the completion of four months and ten days, and then she married another man. Imam (as) ruled that she must be separated from him and that he should not propose to her again until the longer of the two waiting periods is completed. If the woman's guardians wish, they may marry her to him, and if they wish, they may prevent it. If they prevent it, they must return his wealth to him."

Hadith.4792 - Abdul Rahman ibn Al-Hajjaj asked Abu Ibrahim (Imam Musa ibn Jafar Al-Kadhim (as)) about a pregnant woman whom her husband divorces, and then she miscarries, whether the miscarriage was fully developed or not, or if she delivered a lump of flesh - does her waiting period end with that? Imam (as) replied: "Anything she delivers that is clearly recognized as a pregnancy, whether fully developed or not, her waiting period is completed with that, even if it is a lump of flesh." Imam (as) also said: "I heard him say that if a man divorces his wife and she claims to be pregnant, she should wait for nine months. If she gives birth, then so be it, but if not, she must observe a waiting period of three months, after which she is completely separated from him."

"The minimum period a woman can carry a pregnancy is six months, and the maximum period she can carry is two years."

"He may divorce her." I asked: "Can he take her back?" Imam (as) replied: "Yes, he can take her back." I asked: "What if he decides to divorce her again after taking her back?" Imam (as) said: "No, not until she gives birth."

Hadith.4795 - Imam Jafar ibn Muhammad Al-Sadiq (as) was asked about a pregnant woman whom her husband divorces, then takes her back, then divorces her again, then takes her back, and then divorces her a third time. Imam (as) said: "She is now completely separated from him and is not permissible for him until she marries another husband."