acquires ownership of an enslaved woman through purchase, gift, inheritance, bequest, or any other means of acquisition—without knowing that her womb is free of pregnancy—to refrain from intercourse with her until he has ascertained this. This applies whether she is of high or low status, older or younger, provided she is of an age at which intercourse is possible and pregnancy cannot be ruled out. If pregnancy can be ruled out because of her youth or advanced age, and the young woman is of an age at which intercourse is possible, Mālik—may Allah Most High have mercy on him—and most of his companions nevertheless hold that istibrā’ is obligatory. Mutarrif and Ibn al-Mājishūn held that it is not obligatory in such cases. This view has also been transmitted from a number of the early generations, including ‘Umar ibn al-Khattāb, ‘Alī ibn Abī Tālib, Sa‘īd ibn al-Musayyab, Sulaymān ibn Yasār, al-Qāsim ibn Muhammad, Ibn Shihāb, Abū al-Zinād, Rabī‘ah, Ibn Hurmuz, and others.
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Istibrā’ becomes obligatory when four conditions are met: ownership; lack of knowledge that the womb is free of pregnancy; the lawfulness of intercourse with her; and its not having been lawful to him previously. Whenever any one of these conditions is absent, istibrā’ is not obligatory.
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Having established this, istibrā’ is fulfilled by whatever provides reasonable assurance that the womb is free of pregnancy. For women who menstruate, this is a single menstrual period. It involves neither a devotional aspect nor the sanctity attached to free status that would require repeated menstrual periods, as in the waiting period.
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As for a woman who does not menstruate because of her youth or advanced age, her period of istibrā’, according to Mālik—may Allah Most High have mercy on him—and his companions, is three months. Other opinions specify two months, a month and a half, or one month. Those who hold that it is one month argue that Allah prescribed a waiting period following divorce of three menstrual cycles for women who menstruate, and three months for those past the age of menstruation and those who have not menstruated. Thus, each cycle corresponded to