the woman divorced three times need only establish that her womb is free of pregnancy, because the husband has no right to take her back.
There are two possible responses to this: either to concede the point or to identify a distinction. As for conceding it, we may say: Yes, a woman divorced three times is not required to observe three menstrual cycles; rather, she is required only to establish that her womb is free of pregnancy. The verse apparently indicates this, in the words of Allah:
“Their husbands have more right to take them back during this period, if they desire reconciliation.” [al-Baqarah 2:228]
Thus, in our view, the beginning of the verse is general while its ending is specific. When its ending is referred back to its beginning, the general wording is understood to refer to revocably divorced women, for Allah says, “Their husbands,” whereas a man who has divorced his wife three times is no longer her husband. And He says, “have more right to take them back,” whereas the husband of a woman irrevocably divorced by three pronouncements has no right to take her back. Accordingly, a woman divorced three times need only establish that her womb is free of pregnancy: one menstrual period if she menstruates, one month if she does not menstruate, or until she gives birth if she is pregnant. There is no issue concerning the latter, for all forms of waiting period are agreed upon in the case of childbirth. This is why they call the waiting period of a pregnant woman the “mother of all waiting periods.”
Alternatively, we may identify a distinction: some have related a consensus among the scholars that a woman divorced three times must observe three menstrual cycles, whereas there is disagreement concerning a woman who obtains khulʿ, even among the Companions, may Allah be pleased with them. Since we have identified a distinction, the claimed obligation is not established. Hence Shaykh al-Islam, may Allah have mercy on him, said: If anyone has held that a woman divorced three times is required to observe only one menstrual period—as a means of establishing that her womb is free of pregnancy—then that is the correct view.
The author of al-Ikhtiyarat said that this view has been transmitted from Ibn al-Labban. Accordingly, it would be the view of Shaykh al-Islam, and that