The waiting period of those who menstruate according to their usual cycles
The waiting period of those who menstruate according to their usual cycles

Book:

Book of Divorce -

Chapter:

Waiting Period

Section:The Determination of Waiting Period
Topic/Issue:5001 - The waiting period of those who menstruate according to their usual cycles --
Agreement:They agree that the waiting period is three "qur"
Opinions:
Opinion FromOpinionExplanation
Imam Malik,Imam ShafiThese are the periods of purity, that is, the periods between two menses1. They said that this pattern of plural (quru) is specific to purity, because the term qur, which has aqra as its plural and not quru),applies specifically to menstruation. They related this from Ibn al- Anbari. They also added that hayda (menstruation) is feminine, while tuhr (purity) is masculine, thus, had the term qur denoted menstruation the feminine letter ta could not have survived in the numerical word thalathata (three) annexed to the term qur according to the rule

2. They also use the narration of Ibn Umar

3. They also added that there is consensus that talaqa-sunna takes place only in a period in which the divorcing husband has not cohabited with her and the words of the Prophet, "This is the period in which Allah has commanded you to divorce women (if you should divorce them)", is a clear evidence that the waiting period is that of purity so that the repudiation falls within the waiting period.

4. In response to the second point of the other group, they said the factor taken into account for the vacation of the womb is the transition from purity to menstruation not the termination of menstruation, therefore, the (length of the) last period of menstruation has no significance. The stipulation is for the completion of the three periods, thus, the actual stipulation is for periods of purity not of menstruation.
Imam Abu HanifaThe periods are those of menstruation1. They said that the words of the Exalted, "three periods", or "three courses" obviously imply the completion of each of the three periods, for the term "period" cannot be applied to a part of the period, except by way of metaphor. If the periods are designated as the periods of purity, it is possible that the waiting period may result in two periods and a part of a period, for according to them (the first party) she reckons the duration in time in which she was divorced, even if most of it was over. If that is the case, the term "three" cannot be applied to it without violation and the term three is manifest for the completion of each of the periods, which cannot be unless the term "period" is applied to the period of menstruation, because of the consensus that if she is divorced during menses she is not to take that period into her reckoning.

2. They also said that idda has been ordained for (ascertaining) the vacation of the womb and such vacation is decided through menstruation not through purity. It is for this reason that the idda of one whose menstrual period has ceased is reckoned in days. It is therefore, menstruation that is the basis for the idda being reckoned in periods, which makes it necessary that the "periods" be those of menstruation.
Imam AhmadDifferent NarrationsIt is related from him that he used to say, "The periods are (the days) of purity in the opinion of Zayd ibn Thabit, Ibn Umar and Aisha, but now the judgment is reserved, because of the opinion of Ibn Masud and Ali to the effect that it is menstruation".
Others:
abu thawr,Ibn Umar, Zayd ibn Thabit and AishaThe periods of purity
al-Thawri, al- Awzai, Ali, ibn al-Khattab, Ibn Masud and Abu Musa al-AshariThe periods are those of menstruation
Disagreement
Reasons:
The difference between the two opinions is (based on the reason) that those who held it to be purity said that once the divorced woman begins her third menses, the husband would have no right to have recourse to her in a retractable divorce and she would be free to marry again, while those who held it to be menstruation prohibited her remarriage until the third period of menstruation had terminated
The reason for disagreement is the equivocality of the term 'qur', for it is applied to both purity and menstruation in Arabic usage. Each group desired to show that the meaning of the term in the related verse is obviously what each considers it to be.
Evidences :Hadith of Yunus Ibn Jubair [Hide/Show]
Tags :Worship,Marriage, Divorce, Iddah, Waiting Period, 3 Periods, Periods of Purity
References:1[pg:104]
Last Updated:2011-06-04

<< Back to List of Issues
Please Help Us Spread the Word. Press LIKE.