Salaam Alaikum. I have a question about Fatwa 137526. Can you please tell me when Muslim scholars arrived at the conclusion that the minimum length of gestation is 6 months, did Uthman and Ali decide this? Is minimum length of gestation the time a child can be born alive with or without technology. Thank you.

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and messenger.

Allaah says (what means): {And We have enjoined upon man [care] for his parents. His mother carried him, [increasing her] in weakness upon weakness, and his weaning is in two years. Be grateful to Me and to your parents; to Me is the [final] destination.} [Quran 31:14]

‘Ali and others, cited this verse as evidence that the minimum period of pregnancy is six months. In his Musannaf, Abdur-Razzaaq reported about Qataadah that he said: “The case of a woman who gave birth to a child in a period of six months was taken to ‘Umar who asked the Companions about it, and ‘Ali said, 'Don’t you see that Allaah says: {…and his gestation and weaning [period] is thirty months.} [Quran 46:15], and Allaah also says {…and his weaning is in two years}; so the pregnancy here is six months.' Then, ‘Umar let the woman go. [The transmitter] added: “We were informed that she gave birth to another baby after a six month pregnancy too.”

Moreover, Maalik reported in his Muwatta’ that the case of a woman who gave birth after six months of marriage was brought to ‘Uthmaan ibn ‘Affaan who ordered that she should be stoned to death, so 'Ali ibn Abi Taalib said to him: "She should not be stoned, as Allaah says in His Book: {…and his gestation and weaning [period] is thirty months.}[Quran 46:15] Allaah also says {Mothers may breastfeed their children two complete years for whoever wishes to complete the nursing [period].}[Quran 2:233] So the pregnancy is for six months, so she should not be stoned."

This period is the minimum period of pregnancy after which the child can survive. This has nothing to do with the use of modern technology.

Allaah Knows best.