fifty years of age. Once she grows older and no longer desires marriage, we would say: “Now observe your waiting period so that you may marry!” Thus, she remains until she completes fifty years. Once she reaches fifty, we say: “Observe a waiting period of three months.” Throughout this entire period, her husband must support her, because hers is a revocable divorce; nor may he marry if she is his fourth wife. He remains restrained, and she remains restrained, until she reaches fifty years of age; then she observes a waiting period of three months. This is the well-known position of the madhhab, and eminent scholars have held it. They said: Since we know what caused the menstrual blood to cease, she must wait.
But in truth, the Shariah does not bring a ruling such as this, because of the immense harm it entails. For this reason, some scholars said that she observes a waiting period of one year after the impediment has ceased, for once the impediment is removed, she becomes like the woman whose menstruation has ceased and who does not know why. A woman whose menstruation has ceased and who does not know the reason observes a waiting period of one year: nine months for pregnancy and three months for the waiting period. This view is closer to what is correct, because its underlying rationale is intelligible and because it is further removed from the hardship and difficulty with which the Shariah does not come.
Yet one further point remains: a woman who knows what caused her menstruation to cease should be divided into two categories:
The first is one who knows that her menstruation will not return.
The second is one who hopes that it will return.
If she knows that it will not return, then she does not observe a waiting period of one year; rather, she observes three months, because she is menopausal. This is like a woman who knows that her menstruation ceased due to a hysterectomy: no one would say that she must wait until she reaches fifty years of age! Even if such a view were asserted, it would be invalid. Thus, the woman who knows that