Shaykh al-Islam, may Allah have mercy on him, held in all these cases that there is no waiting period; rather, there is only a period to establish that the womb is free. This is the preponderant view, because Allah, Exalted is He, obligated three menstrual periods only upon women divorced by their husbands. Accordingly, the waiting period of three menstrual cycles applies only to a divorced woman.

There remains the case of a woman divorced with a final threefold divorce: must she observe a waiting period, or merely undergo a period to establish that her womb is free?

The majority of the scholars hold that she must observe a waiting period of three menstrual periods, due to the general wording of Allah’s statement:

“Divorced women shall wait by themselves for three menstrual periods.” [al-Baqarah 2:228]

But Shaykh al-Islam, may Allah have mercy on him, said: If anyone has held that she need only undergo a period to establish that her womb is free, then that view is more correct. He further said that the context of the verse, “Divorced women shall wait by themselves for three menstrual periods,” indicates that what is meant is women divorced revocably, as indicated by its concluding words:

“And their husbands have a better right to take them back during this period.” [al-Baqarah 2:228]

In the case of a woman given a final threefold divorce, however, the husband has no right to take her back, so he is no longer a husband in this sense. They have also related from Ibn al-Labbān—one of the early generations—that he held that she does not observe a waiting period, but only undergoes a period to establish that her womb is free. Yet there is no doubt that the more cautious position is for her to observe the waiting period, owing to the general wording of the verse. We have previously mentioned the principle that when a general expression occurs, and then a ruling is repeated which applies to some of its instances, this does not entail restricting the general expression. This issue falls under that category.

“If a woman observing a waiting period is approached through intercourse under a mistaken assumption or an invalid marriage contract, the two shall be separated. She completes the waiting period from the first [marriage], and the time she spent with the second is not counted as part of it. She then observes a waiting period for the second, and she becomes lawful for him through a new marriage contract after both waiting periods have ended, ...”

His statement, “If a woman observing a waiting period is approached through intercourse under a mistaken assumption or an invalid marriage contract, the two shall be separated”: by “mistaken assumption” here, he means a mistaken belief, because a mistaken assumption regarding the contract itself falls under his statement, “or an invalid marriage contract.”

His statement, “If a woman observing a waiting period is approached through intercourse under a mistaken assumption”: its scenario is that a man divorces his wife and she begins her waiting period, then another man has intercourse with her under a mistaken assumption. According to the established school of law, this intercourse requires a waiting period, and the author is deriving the subsequent rulings on the basis of that school’s position.

His statement, “or an invalid marriage contract”: by an invalid marriage contract here, he means a marriage contract