the sale of a slave-girl, the prevention of taking it into account for Zakat, and the obligation of paying it in blood money (diyah). Thus, it is as if it is certain, and this does not resemble inheritance; for if inheritance is not established by mere pregnancy, it is because it requires birth and crying out (istihlal) after birth, and that is not found before it. Also, we do not know the condition of the fetus, its size, or the existence of the condition for its inheritance, unlike our issue, where maintenance is incumbent upon the mere existence of the pregnancy and does not differ based on its variation. Therefore, when this is established, if she claims pregnancy and he confirms it, he pays her. If it turns out to be a pregnancy, she has fulfilled her right, and if it turns out she was not pregnant, he recovers it from her, whether he paid her by the ruling of a judge or otherwise, and whether he stipulated that it was maintenance or did not stipulate it. There is another report that he does not recover it. The correct view is that he does recover it, because he paid it on the basis that it was a duty, so when it is shown that it was not a duty, he takes it back, just as if he had paid a debt for her and then it was shown that he did not owe the debt. If he denies her pregnancy, trusted women inspect the matter, and their word is relied upon. The word of one woman is accepted if she is an expert and upright, because it is testimony regarding what men cannot observe, resembling breastfeeding, and the precedent has been established by the report.

Section: Maintenance is not incumbent upon the husband in an invalid marriage, because there is no valid marriage between them. If he divorces her or they are separated before intercourse, there is no waiting period (iddah) upon her. If it is after intercourse, she must observe the waiting period, but she has no maintenance and no housing if she is not pregnant, because if it is not obligatory before the separation, it is even more so after it. If she is pregnant, the rule is according to what we mentioned before; for if we say: She has maintenance...