Shaykh Abū Muhammad also mentioned in his al-Mughnī this report from Ahmad, which Abū Bakr 'Abd al-'Azīz recorded in al-Shāfī. Abū Muhammad took it from that work, though it is also found in other books. He wrote:

“Most scholars hold that the waiting period of a woman who obtains khul' is the same as that of a divorced woman. They include Sa'īd ibn al-Musayyib and a group of scholars, among them Mālik and al-Shāfi'ī.”

He said:

“It is reported from 'Uthmān ibn 'Affān, Ibn 'Umar, Ibn 'Abbās, Abān ibn 'Uthmān, Ishāq and Ibn al-Mundhir that the waiting period of a woman who obtains khul' is one menstrual period. Ibn al-Qāsim transmitted this from Ahmad, just as Ibn 'Abbās reported: ‘The wife of Thābit ibn Qays obtained khul' from him, and the Prophet, peace and blessings be upon him, prescribed one menstrual period as her waiting period.’ This was narrated by al-Nasā'ī. A similar report from al-Rubayyi' bint Mu'awwidh was narrated by al-Nasā'ī and Ibn Mājah.”

He said:

“Our evidence is the statement of Allah Most High: ‘Divorced women shall wait for three menstrual cycles.’ Moreover, since this is a separation after consummation while both spouses are alive, its waiting period is three menstrual cycles, as in khul'.”

He then said:

“As for the verse, it cannot be adduced as evidence until it is established that a woman who obtains khul' is a divorced woman—and that is precisely the point at issue. Even supposing that the text includes her, the specific evidence qualifies the general. Several categories of divorced women have been excepted from this verse: a woman whose marriage has not been consummated, a pregnant woman, a slave woman, and a woman who has not menstruated. It applies only to a divorced woman whose husband has the right to take her back.

“As for the analogy mentioned, our response is: We do not concede that the effective cause in the original case consists merely of the characteristic just mentioned. Nor do we concede that the ruling holds in all cases involving people. Moreover, it is countered by the case of a woman who separates from her husband. The Sunnah indicates that what is required in both cases is a waiting period to establish that the womb is free of pregnancy.”