And Allah the Almighty says: {And his gestation and his weaning is thirty months} (13). Thus, two years and six months is thirty months; there is no stoning for her. Umar let her go, and she gave birth another time within that limit (14). Al-Athram also reported from Ikrimah that Ibn Abbas said this. Asim al-Ahwal said: I said to Ikrimah: "It has reached us that Ali said this" (15). Ikrimah replied: "No, none said this except Ibn Abbas." Ibn Qutaybah mentioned in Al-Ma'arif (16) that Abd al-Malik ibn Marwan was born at six months. This is the position of Malik, al-Shafi'i, the jurists (Ashab al-Ra'y), and others.

1353- Issue: He said: (And if he divorces her, or dies leaving her, and she does not remarry until she delivers a child after his divorce or his death by four years, the child is affiliated with him, and her waiting period expires by it.)

The manifest view of the Madhhab is that the maximum gestation period is four years. This is also the position of al-Shafi'i, and it is the famous position of Malik. It has been reported from Ahmad that its maximum duration is two years. This is also reported (1) from Aisha. It is the school of al-Thawri and Abu Hanifah, based on what Jamila bint Sa'd narrated from Aisha: "A woman does not exceed two years in pregnancy" (2). And because the determination [of such matters] can only be known through a textual statement (tawqif) or consensus (ittifaq), and there is neither here, but rather it is based on what we have mentioned, [and this has been found to be true, for the mother of al-Dahhak ibn Muzahim (3) and the mother of Harim ibn Hayyan (4) each carried them for two years] (5). Al-Layth said: Its maximum is three