We respond: This reasoning is sound. We have both the generality of the verse and the generality of its underlying rationale. As for the generality of the verse, this is a woman whose husband has died; and as for the generality of the rationale, there is no difference in safeguarding the husband’s right whether the woman whose husband has died is enslaved or free. However, the answer to this is that the Companions, may Allah be pleased with them, unanimously agreed that the waiting period of an enslaved woman who is divorced is half that of a free woman, as has been narrated from them (1). They analogized to this the waiting period of a woman whose husband has died. Indeed, some have even reported a consensus that an enslaved woman whose husband has died observes a waiting period of two months and five days.

In truth, if someone were to rely on the generality of the verse and the generality of its rationale, he would have a valid basis, and this view is more likely correct. The sound position is that there is no difference between a free woman and an enslaved woman, unless a consensus prevents this; but no consensus prevents it, for it has been reported from al-Asamm and al-Hasan that they held this view.

His statement: “If the husband of a revocably divorced woman dies during her divorce waiting period, it lapses, and she begins the waiting period for death from the time he died,” means that if a man dies while his wife is observing a waiting period, there are three possible cases: she is either revocably divorced, irrevocably divorced and does not inherit, or irrevocably divorced and does inherit.

First: the revocably divorced woman. The author says: “If the husband of a revocably divorced woman dies during her divorce waiting period, it lapses, and she begins the waiting period for death from the time he died.” An example is a man who divorces his wife revocably; she menstruates twice, with her third menstrual period still remaining, and then he dies. Her waiting period for death begins from the time he died. The evidence is Allah’s saying, Most High, concerning divorced women: