delivery, whether she is irrevocably divorced or observing the waiting period for death. In fact, excluding the pregnant woman serves no purpose, because, as mentioned previously, she has neither a longer nor a shorter waiting period: the waiting period following divorce ends with delivery, and the waiting period following death likewise ends with delivery.
The summary of the issue is that if a man divorces one of his wives—whether unspecified or specified—then forgets which one it was, and subsequently dies before lots are drawn, there are two possible cases. Either the divorce was revocable or irrevocable. If it was revocable, they all move to the waiting period for death, because a woman in a revocable divorce remains legally regarded as a wife. If it was irrevocable, they must all observe whichever is longer: the waiting period for death or that for divorce.
Third: A non-pregnant woman who menstruates—and these are the menstrual periods—whose separation takes place during the husband’s lifetime: if she is free or partially emancipated, her waiting period is three complete menstrual periods; otherwise, it is two menstrual periods, ………………
His statement, “Third: a non-pregnant woman,” means one who is not pregnant. If the separation is due to death, her waiting period is four months and ten days. Thus, the waiting period for death is the simplest matter: a woman whose husband has died falls into one of two categories, pregnant or non-pregnant. A pregnant woman’s waiting period ends upon delivery, while a non-pregnant woman’s is four months and ten days. Separation during the husband’s lifetime, however, is the case that involves details.
His statement, “who menstruates—and these are the menstrual periods—whose separation takes place during the husband’s lifetime”: thus, there are three conditions:
First: “non-pregnant,” excluding the pregnant woman.
Second: “who menstruates,” excluding one who does not menstruate.
Third: “whose separation takes place during the husband’s lifetime,” excluding separation through death; both have already been discussed.