the waiting period ends, he is considered to have married a woman during her waiting period; but if he embraces Islam, he is not.”
Section
If her husband takes her back during the remainder of her waiting period, after she has been separated from the man who married her—and, according to one view, during istibrāʾ (the waiting period to ascertain freedom from pregnancy)—he is not considered to have married a woman during her waiting period.
Section
Istibrāʾ is exactly like the marital waiting period in that intercourse is forbidden during it, whether by virtue of ownership or marriage, because lineage must be safeguarded. The distinction concerns only whether a permanent prohibition of marriage results. There are three categories: first, cases in which such a prohibition results by agreement—that is, among those who recognize it in any circumstances; second, cases in which, by agreement, it does not result; and third, cases concerning which there are two opinions.
Section
The cases in which a permanent prohibition results by agreement involve intercourse on the basis of marriage, putative marriage, ownership, or putative ownership during a waiting period arising from marriage or putative marriage.
The cases in which, by agreement, no permanent prohibition results involve intercourse by virtue of slave ownership or putative ownership], specifically during the istibrāʾ of slave women, or during a waiting period arising from something other than marriage, such as that of a slave woman who has borne her master a child when he dies or emancipates her. This applies whether their istibrāʾ follows rape, fornication, sale in the case of slave women, a gift, or emancipation.
[The disputed cases involve intercourse on the basis of marriage or putative marriage during istibrāʾ, or likewise during a waiting period arising from something other than marriage, such as that of a slave woman who has borne her master a child when he dies or emancipates her. This applies whether the istibrāʾ follows rape, fornication, sale in the case of slave women, a gift, death, or emancipation]. I mean where the seller, donor, deceased master, or emancipator had had intercourse with her. If none of them had intercourse with her, there is no disagreement that someone who marries her before istibrāʾ is not marrying a woman during her marital waiting period. Nevertheless, some of these cases are less serious than others, and disagreement concerning them is