If she is pregnant, she has it before the separation; because if it is obligatory after the separation, it is even more so before it. Whenever he provides maintenance for her before their separation or after it, he does not recover anything from her, because if he was aware of the lack of obligation, he is performing a voluntary act, and if he was not aware, he is negligent, so he does not recover it, just as if he had provided maintenance for a foreign woman. Every woman observing a waiting period following intercourse in a situation other than a valid marriage, such as one having had intercourse due to a misconception (shubha) or otherwise, if the offspring’s lineage is linked to the man who had intercourse with her, then she is like one having had intercourse in an invalid marriage. If the offspring’s lineage is not linked to him, such as an adulterer, then he does not owe her maintenance, whether she is pregnant or not pregnant, because there is no marriage between them, nor is there a child between them who can be attributed to him.

1397 - Issue: He said: "If a woman khula's (seeks separation from) her husband and acquits him of her pregnancy (the responsibility regarding the child), she has no maintenance, nor does the child, until she weans it."

As for if she khula's him and does not acquit him of her pregnancy, she has maintenance, just as if he had divorced her three times while she was pregnant; because the pregnancy is his child, so he is responsible for its maintenance. If she acquits him of the pregnancy as compensation in the khul', it is valid, whether the compensation was all of it or some of it, and we have mentioned this in the khul'. He is acquitted until she weans it, if she had acquitted him of the pregnancy's maintenance and the child's care up to that point, or if she had made the acquittal absolute regarding the pregnancy's maintenance and its care; because an absolute acquittal is understood to apply to the duration for which the woman is entitled to compensation, which is the duration of pregnancy and breastfeeding, because when an absolute term has a customary meaning, it is interpreted according to that custom. If they disagree on the period of breastfeeding, it is interpreted as two years, because of the saying of the Almighty: "And his weaning is in two years." And the Almighty said: "And mothers shall suckle their children for two whole years for those who want to complete the suckling."