by Ibn al-Jallāb from Mālik. As for establishing that her womb is free of pregnancy through a single menstrual period following divorce from a Muslim, I know of no explicit transmitted ruling on this. Mālik did, however, give this ruling concerning divorce from a non-Muslim under Muslim protection, and there is no difference between the two cases.

Section

If a widow’s husband had not consummated the marriage, or if she is too young or too old to menstruate and pregnancy can be ruled out, she becomes free to remarry upon completing four months and ten days. If, however, the marriage was consummated and she is a menstruating woman who menstruates during that period, she becomes free to remarry upon its completion.

If she does not menstruate during that period, there are two possibilities. The first is that her period falls due during it—that is, during the waiting period—but fails to occur without an explanation. The second is that her period does not fall due during it, as when she menstruates only once every five months or once a year, or that her menstruation has ceased for an identifiable reason.

If she does not menstruate during it and there is no explanation for its cessation, Mālik and most of his companions, including Ibn al-Qāsim and others, hold that this raises suspicion of pregnancy. She therefore does not become free to remarry until she menstruates or nine months have elapsed, nine months being the usual duration of pregnancy. Once nine months have elapsed, she becomes free to remarry, unless she feels something in her abdomen that raises suspicion. In that case, she must continue waiting until the suspicion is dispelled and the maximum duration of pregnancy has been reached.

Ashhab, Ibn al-Mājishūn and Sahnūn said that she becomes free to remarry when the waiting period expires, even if she has not menstruated, provided there is no ground for suspecting pregnancy beyond the absence of menstruation. A woman experiencing non-menstrual bleeding is treated in the same way. It has also been transmitted from Mālik that the waiting period following her husband’s death for a woman experiencing non-menstrual bleeding is four months and ten days if she is free, and three months if she is a slave.

Accordingly, there are three opinions on this question. The first is that both a woman suspected of pregnancy and one experiencing non-menstrual bleeding must wait until nine months have elapsed following the husband’s death. The second is that both become free to remarry upon completing four months and ten days. The third distinguishes between the woman suspected of pregnancy and the woman experiencing non-menstrual bleeding: the latter becomes free to remarry upon completing four months and ten days, whereas the former must wait until nine months have elapsed.

If, however, her period does not fall due during the waiting period, or there is an explanation for its cessation, Mālik and his companions hold that she becomes free to remarry when the waiting period expires, provided no pregnancy becomes apparent. Ibn Kināna transmitted from Mālik, as recorded in Ashhab’s transmission, that she does not become free to remarry until she menstruates or nine months have elapsed. Ibn al-Mawwāz reported that Mālik retracted this opinion.