According to us, he contends she observes it by delivery, citing the Almighty's saying: "As for those who are pregnant, their term is that they lay down their burden." Our argument is that this is a pregnancy definitively disavowed from him, so she does not observe the waiting period by its delivery, just as if it appeared after his death. The verse applies to divorced women, and then it is specified by the analogy we mentioned. Once this is established, her waiting period expires by the delivery of the pregnancy resulting from the sexual intercourse by which she conceived from him, regardless of whether this child is affiliated with someone other than the minor—such as if it were from an invalid contract or intercourse by ambiguity—or if it were from adultery and thus not affiliated with anyone. This is because the waiting period is required for every act of intercourse; therefore, once she delivers it, she observes the waiting period from the minor for four months and ten days, because the two waiting periods from two different men do not overlap. If the separation occurs during his lifetime after consummation—such as the wife of an adult whom he consummated with, then divorced, and she gives birth to a child in less than six months since he married her—she observes the waiting period after its delivery by three menstrual cycles. Likewise, if a castrated or emasculated man divorces his wife, or dies leaving her, and she gives birth to a child, the lineage is not affiliated with him, nor does her waiting period expire by its delivery. However, the waiting period of the intercourse does expire by it, then she begins the waiting period of the divorce or the waiting period of the death, according to what we have explained. The Judge mentioned that the apparent meaning of Ahmad's words is that the child is affiliated with him, because ejaculation can be conceived by him, in that he might rub the area of his penis against her vagina and ejaculate. According to this view, the child is affiliated with him, and the waiting period expires by it. The correct view is that no child is affiliated with him, because this is not a customary occurrence; thus, her child is not affiliated with him, like the minor who has not reached the age of ten. If he marries a woman in the presence of the judge, then divorces her in the same session, [or if an Easterner marries a Westerner, and then she gives birth to a child that cannot possibly be his after they met, for the duration of the pregnancy] (28), the lineage is not affiliated with him, and the waiting period does not expire by its delivery.

1354 - Issue: He said: "If he divorces her, or dies leaving her, and her waiting period has not expired before she marries someone who has had intercourse with her, they shall be separated, and she shall resume the remainder of the waiting period of the first husband, then she shall begin a new waiting period from the second."