she menstruates, she waits another year. If her expected time for menstruation falls within that year but she does not menstruate, she becomes free to remarry] at its end. If her expected time for menstruation does not fall within that year, she waits until it arrives. If it arrives and she does not menstruate, she becomes free to remarry immediately. If she menstruates, her waiting period has ended with the completion of three menstrual cycles. This is the view Muhammad ibn al-Mawwāz, may Allah have mercy on him, stated in his book, and none of the scholars of our school disagrees with him.
Section
Differences in the Rulings Governing Waiting Periods
The waiting period following a husband’s death differs from that following divorce. The waiting period following an irrevocable divorce also differs in many rulings from that following a revocable divorce. In summary, waiting periods fall into three categories: following a husband’s death, following a revocable divorce, and following an irrevocable divorce.
The waiting period following a husband’s death lasts four months and ten days if the woman is not pregnant, and until she gives birth if she is pregnant. Allah, Mighty and Majestic, says:
“Those of you who die and leave wives behind—their wives shall wait for four months and ten days.” [al-Baqarah: 234]
The apparent general meaning of this statement included both pregnant and non-pregnant women. Pregnant women, however, were excluded from its scope by His words, Mighty and Majestic:
“As for pregnant women, their waiting period ends when they give birth.” [al-Talāq: 4]
The former verse thus remains in force for women who are not pregnant. Some scholars have said that His words, Mighty and Majestic, “As for pregnant women, their waiting period ends when they give birth” [al-Talāq: 4], abrogate His words, Mighty and Majestic, “Those of you who die and leave wives behind—their wives shall wait for four months and ten days” [al-Baqarah: 234]. This is incorrect, because abrogation applies only where texts conflict and cannot be reconciled. The correct view is therefore that the former does not abrogate the latter; rather, it clarifies it and restricts its general scope.
Ibn Abbās, however, understood the verse as applying generally to both pregnant and non-pregnant women, recognizing neither abrogation nor restriction of its scope in this case. Taking both verses into account, he therefore required a pregnant woman to observe a waiting period ending at the later of the two endpoints.
As for the words of Allah, Mighty and Majestic:
“Those of you who die and leave wives behind should bequeath to their wives maintenance for a year, without being turned out.” [al-Baqarah: 240]