one month. Thus, just as an enslaved woman who menstruates must observe one menstrual period for istibrā’, one who does not menstruate because of her youth or advanced age must observe one month. Those who prescribe two months of istibrā’ use this argument to justify the first month.
As for the second month, they say that it was added as a further precaution to dispel doubt. Those who prescribe a month and a half argue that the waiting period for a free woman who is past menstruation or has not menstruated is three months, while an enslaved woman’s waiting period following divorce is half that of a free woman. They therefore imposed a stricter requirement upon her when she is sold, making her period of istibrā’ upon sale equal to that required following divorce. None of this constitutes proof. The correct position is that of Mālik and his companions, because pregnancy cannot become apparent in less than three months. Istibrā’ serves only to establish that the womb is free of pregnancy. Since pregnancy cannot become apparent in less than three months, istibrā’ cannot be fulfilled in a shorter period. This is clear to anyone who reflects upon it.
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If the enslaved woman normally menstruates but develops non-menstrual bleeding or her menstruation ceases, one view is that she must observe nine months of istibrā’. Ibn Wahb and Ashhab transmitted this from Mālik. Ibn Ghānim and Ibn al-Qāsim transmitted from him that three months suffice for her istibrā’ if women examine her and find no pregnancy.
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If, however, she does not menstruate because of illness or breastfeeding, or her menstrual periods recur only at intervals longer than nine months, three months suffice to fulfil her istibrā’. I know of no explicitly stated contrary view on this, although disagreement may be inferred in some of these cases from the underlying reasoning. Ibn al-Qāsim’s statements differ concerning a woman whose menstrual periods recur from one interval of more than three months to another, but at intervals shorter than nine months: must she await menstruation, or is her istibrā’ fulfilled by three months?
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If a man purchases an enslaved woman and has intercourse with her before observing her istibrā’, he must receive a painful punishment, together with