only verification of womb-clearance: if she is pregnant, it lasts until she gives birth; if she is not pregnant, then it is only one menstrual cycle. This is the correct view in this issue.

Intercourse falls into four categories: first, within marriage; second, intercourse under the mistaken assumption of a valid marriage; third, fornication; and fourth, ownership. In marriage, a waiting period is obligatory subject to conditions mentioned previously. Intercourse under the mistaken assumption of a valid marriage was also discussed previously; according to the established position of the school, it entails a waiting period. Ownership does not entail a waiting period, but it does require verification of womb-clearance. Thus, if a man has intercourse with his female slave, he may not sell her or give her in marriage until he has verified that her womb is clear.

As for fornication, the well-known position of the school is that it is like intercourse under the mistaken assumption of a valid marriage, and therefore entails a waiting period: if she becomes pregnant, it lasts until she gives birth; and if she does not become pregnant, it is three menstrual cycles. They justify this by saying that it is intercourse through which pregnancy may result, so it entails a waiting period, just like intercourse under the mistaken assumption of a valid marriage. But this reasoning is exceedingly weak, for we say: this man has had intercourse with a woman who is not his wife—neither legally nor in his own belief—and illicit intercourse cannot be equated with marriage. Thus, to equate one with the other is among the weakest of analogies.

The second view is that a woman with whom fornication has been committed is not required to observe a waiting period; rather, what is required is only verification of womb-clearance. This is the view of Malik. The manner of verifying womb-clearance will come, Allah willing, in the chapter on womb-clearance.

The third view is that she is required neither to observe a waiting period nor to undergo verification of womb-clearance. This has been reported from Abu Bakr, Umar, and Ali, may Allah be pleased with them, and it is the position of al-Shafi‘i. This view is the soundest of the views. However, according to this view, if she becomes pregnant, it is not valid to contract marriage with her until she gives birth, because it is not possible to