and the formation of the embryo begins on the eighty-first day; before that, it does not begin. Hence Allah, Exalted is He, says:

“Then from a clinging clot, then from a lump of flesh—formed and unformed.” [al-Hajj 22:5]

That is, formation may begin as soon as it becomes a lump of flesh, or it may be delayed somewhat. Thus, the earliest time at which it can be formed is eighty-one days; it cannot be formed before then. Usually, however, once three months—that is, ninety days—have been completed, it is formed.

If she delivers that which has not been formed, her waiting period does not end by this, because one whose form has not developed is not certainly known to be a child: it may have deteriorated and been expelled. But once it has been formed, it is known to be a child. Moreover, postnatal bleeding is established only when she delivers something in which a human form is discernible. Therefore, if she claims that her waiting period ended through this, her statement is accepted. Hence the author says: “and he denies it, her word is accepted”—that is, the husband denies it and says, “The waiting period has not ended,” while she says, “It has ended.” The author states that her word is accepted.

The evidence is Allah’s saying:

“And it is not lawful for them to conceal what Allah has created in their wombs.” [al-Baqarah 2:228]

This verse indicates that her word is accepted, for Allah says, “to conceal.” Thus, if she says, “There is no pregnancy and the waiting period has ended,” her word is accepted; for if her word were not accepted, her concealing it would have no effect.

If someone were to say: Is she not the claimant, whereas the basic presumption is that the waiting period remains in effect?

We say: Yes, but it may be said that the husband was the cause of the separation, so the consequence of his action returns upon him; thus, we hold that her word is accepted.

His statement: “If a free woman claims it through menstruation”: the pronoun in “claims it” refers to the ending of the waiting period.