In the name of Allah,
The ‘idda period of a divorced woman who menstruates is three quroo’, and Allaah the most high has said:
{divorced women observe an ‘iddah period of three quroo} [Translation Al Baqara/228].
The word can also refer to the end of the menstrual cycle. Some of them claim that it is the interval between two menstrual cycles. According to Ab ‘Amr ibn al-‘Al, some Arabs refer to menstruation as qur, while others use the word to refer to purity, and still, others use it for both[i].
The foremost companion of Allah’s messenger claimed that it was menstruation, according to Al Athram’s account of Ahmed. Furthermore, it is stated that this is the viewpoint of the eleven or twelve companions of the prophet of Allah (PBUH)[ii].
Effects of divorcing at the time of purity.
When a man divorces a woman who was in a state of purity and he had not had sex with her during that time, she observes ‘iddah for the remainder of it, whether it lasts just an hour or a split second. Following her menstruation, she begins a second time of purity, followed by a third. She is eligible to marry and departs her ‘iddah when she notices the blood from her third period. If a man divorces a woman while she is in a state of purity and while they have had sex, the divorce is legal; nonetheless, because of his bad behavior, she must observe ‘iddah for the remainder of the state of purity. A divorced woman gets released from the bonding when she notices the first drop of the third period[iii].
Differences between the two viewpoints
The two points of view are different in that those who believe it to be purity argued that once a divorced woman started her third period, her husband would not be able to take her back in a retractable divorce, while those who believed it to be menstruation forbade her from being married until her third period of menstruation had ended[iv].
Major companions believed that these are three periods of menstruation. They are:
Aboo Bakr
‘Umar
‘Uthmaan
‘Alee
Ibn Mas’ood
Aboo Moosa
‘Ubaada Bin As Saamit
Aboo Ad Dardaa
Ibn ‘Abbaas
Mu’aadh Bin Jabl
The companions of Ibn Mas’ood and Ibn ‘Abbaas also held the same opinion.
Additionally, scholars of the prophetic tradition such as:
Ishaaq Bin Ibraaheem
Aboo ‘Ubayd Al Qaasim
the people of reason, i. e. Aboo Haneefa and his companions Ahmad In fact, Ahmad adopted this position after maintaining that the ‘idda period of three quroo’ is three periods of purity.
According to others, the “idda period of three quroo” is three periods of purity. ‘Aa’isha
Zayd Bin Thaabit
‘Abdullaah Bin ‘Umar
the seven legal scholars
Az Zuhree
Maalik
Ash Shaafi’ee. (May Allah have mercy on them)[v]
Abu Bakr ibn ‘Abd ar-Rahman stated, “We did not come across any of our fuqaha who did not embrace the position of A’ishah concerning ‘aqr being periods of purity[vi].
When it came to this subject, the wives of the Prophet (may Allah send salutations upon him) were the most knowledgeable, with ‘Aa’isha taking the lead.
The hadith of Ibn Umar is the best support for those who believe that this is the time of purity.
Abdullah (b. ‘Umar) reported that he divorced a wife of his with the pronouncement of one divorce during the period of menstruation. Allah’s Messenger (ﷺ) commanded him to take her back and keep her until she was purified, and then she entered the period of menses in his (house) for the second time. And he should wait until she was purified of her menses. And then if he would decide to divorce her, he should do so when she was purified before having sexual intercourse with her; for that was the ‘Idda which Allah had commanded for the divorce of women’[vii].
They say that the words of the prophet, “ if he would decide to divorce her, he should do so when she was purified before having sexual intercourse with her; for that was the ‘Idda which Allah had commanded for the divorce of women’ is clear evidence that the waiting period is that of purity so that the repudiation falls within the waiting period. They also mentioned that it is generally agreed that talaq as-sunnah takes place during the period of purity in which he hasn’t cohabited with his wife.
The following are the arguments made by those who claim that the “iddah period of three quroo” is three periods of impurity or menses:
The most high has said: {divorced women observe an ‘idda period of three quroo} [Al Baqara/228].
The author of Zaad Al-Maad argues:
The intention is either to have three periods of purity, three periods of impurity, or a combination of the two. Everyone agrees that the third scenario is improbable. Since only one scenario is plausible, three periods of impurity are more likely due to the following reasons:
If three times of purity were intended, two and a fraction of the third would be valid.
This, though, is unconvincing. You could argue that for us, a partial period counts as a full period.
We have three responses to this.
Firstly, This Ummah disagrees that a portion of a period counts as a complete period.
Secondly, The Qur’an is not explained by legal school opinions.
Lastly, it is linguistically impossible for a portion of the purity period to correlate to the entire period of purity[viii].
They add that Iddah is designated to determine womb emptiness. Menstruation alone determines this; purity intervals are not considered[ix].
As for the opinion of Aisha and other wives of the prophet (May Allah be please be with her), How was it possible that they knew more than senior companions like Aboo Bakr and ‘Umar?
They were not more knowledgeable than their male counterparts, although this issue affected them. Women would otherwise be the ones who knew the most about verses with feminine significance. Men would then be required to obey their instructions. The nursing of adults results in foster, according to ‘Aa’isha, and she backed up her claim. She was opposed by some of her companions, but you didn’t stand up for her.
Five feedings lead to unlawfulness, according to ‘Aa’isha, who backed up her claim. Some of her companions opposed her, but you didn’t stand up for her[x].
Aa’eshah said, “Umm Habeebah had irregular menses and she asked the Prophet (PBUH) about it. He told her to stop praying during the days of her Qur’s.[xi]” ‘Aa’eshah was also reported to have said, “I told Bareerah to observe a waiting period (‘Iddah) of three menses.”[xii] These narrations make it abundantly evident that the term “Qur” refers to the actual menstruation itself[xiii].
Is it necessary for her to perform a ghusl when the monthly bleeding stops and she notices the tuhr (white discharge indicating the end of menses)?
Those who maintained that it is a period of purity did not differ that iddah terminates when the third menses begin. However, those who say that iddah depends on menstruation differ. Once the woman claims that the bleeding had ended, then, in this case, taking her back occurred after the menses had ended and before she did the ghusl. Concerning taking the wife back, in that case, there is a difference in scholarly opinion as to whether it is valid or not. There are two views:
The first view is that taking her back is valid so long as the woman has not yet done a ghusl following the third menses.
Those scholars who hold this view quoted as evidence for it the reports narrated from a number of the Sahaabah, including the following:
The report narrated by ‘Abd ar-Razzaq in al-Musannaf and al-Haythami in Majma‘ az-Zawaa’id, from ‘Abdullah ibn Mas‘ood (may Allah be pleased with him), according to which he was with ‘Umar ibn al-Khattab (may Allah be pleased with him) when a man and his wife came to him and the man said: I divorced my wife, then I took her back. The woman said: Because of your treatment, I did not tell you exactly what happened. ‘Umar (may Allah be pleased with him) said: Say what exactly happened. She said: He divorced me then he left me until three menstrual cycles had passed and the bleeding had ceased, and I prepared my water for ghusl and closed my door and took off my garment, then he knocked on the door and said: I have taken you back, I have taken you back. So I forgot about ghusl and put on my clothes. ‘Umar (may Allah be pleased with him) said: What do you say about it, O Ibn Umm ‘Abd [‘Abdullah ibn Mas‘ood]? I said: I think he has more right to take her back so long as prayer has not become permissible for her (i.e., so long as she has not yet done ghusl). ‘Umar said: That is a good opinion and I think the same[xiv].
Additionally, it was reported by ‘Abd ar-Razzaq in his Musannaf that ‘Ali said the following about a man who had divorced his wife once or twice: “It is allowed for her husband to take her back until she does ghusl after the third menstrual cycle and prayer is permitted for her. Furthermore, no one is known to have disagreed with them throughout their time, indicating that there was agreement on this matter.
Additionally, the majority of menstrual law judgments continue to be valid until the ghusl is completed, and this rule also holds in this situation.
After the third menstrual cycle, the “idda” period is still present, and the husband is permitted to keep his wife until prayer time when she becomes pure. Ath Thawree held this opinion[xv].
The second opinion holds that even if she hasn’t yet performed a ghusl, taking her back is invalid once the third menstrual cycle’s bleeding stops and the tuhr (a white discharge that signifies the end of a period) is seen. Al-Awzaai had this viewpoint.
Those who hold this view quoted as evidence the verse in which Allah, may He be exalted, says (interpretation of the meaning): “And their husbands have the better right to take them back in that period” [al-Baqarah 2:228]. They said: The phrase “in that period” refers to the ‘iddah or waiting period mentioned, which is three menstrual cycles. So the ‘iddah is ordained as the timeframe within which the husband can take the wife back. What this verse implies is that if these menstrual cycles end without him having taken her back, then he does not have the right to take her back (after that).
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said, commenting on az-Zaad al Mustaqni:
Then he (may Allah have mercy on him) cited the opposing viewpoints on the matter, leaning more in favor of the position that it is permissible for a man to take his wife back as long as she hasn’t yet performed ghusl after her period, using reports related from the Sahaabah as support.[xvi]’ End quote from ash-Sharh al-Mumti‘ (13/193-194)
May Allah’s Peace and Blessings be on the last prophet
Compiled from the sources:
[i] Abū ‘Abdullāh Muḥammad ibn Aḥmad ibn Abī Bakr ibn Farḥ al-Anṣārī al- Khazrajī al-Andalusī al-Qurṭubī translated by Aisha Bewley, Vol. 2, Page 442
[ii] The Distinguished Jurist’s primer, Bidayat al Mujtahid wa Nihayat al Muqtasid, Ibn Rushd Vol 2- page 107
[iii] Abū ‘Abdullāh Muḥammad ibn Aḥmad ibn Abī Bakr ibn Farḥ al-Anṣārī al- Khazrajī al-Andalusī al-Qurṭubī translated by Aisha Bewley, Vol. 2, Page 445
[iv] The Distinguished Jurist’s primer, Bidayat al Mujtahid wa Nihayat al Muqtasid, Ibn Rushd Vol 2- page 107
[v] Ibn Qayyim Al-Jawziyya (ZAD AL M AA’D) PROVISIONS OF THE AFTERLIFE, WHICH LIE WITHIN PROPHETIC GUIDANCE, Translation Ismail Abdus Salaam, Dar Al-Kotob Al-llmiyah Publication, 2010, Page 859
[vi] Abū ‘Abdullāh Muḥammad ibn Aḥmad ibn Abī Bakr ibn Farḥ al-Anṣārī al- Khazrajī al-Andalusī al-Qurṭubī translated by Aisha Bewley, Vol. 2, Page 445
[vii] Sahih Muslim 1471b
[viii] Ibn Qayyim Al-Jawziyya (ZAD AL M AA’D) PROVISIONS OF THE AFTERLIFE, WHICH LIE WITHIN PROPHETIC GUIDANCE, Translation Ismail Abdus Salaam, Dar Al-Kotob Al-llmiyah Publication, 2010, Page 861
[ix] The Distinguished Jurist’s primer, Bidayat al Mujtahid wa Nihayat al Muqtasid, Ibn Rushd Vol 2- page 108
[x]Ibn Qayyim Al-Jawziyya (ZAD AL M AA’D) PROVISIONS OF THE AFTERLIFE, WHICH LIE WITHIN PROPHETIC GUIDANCE, Translation Ismail Abdus Salaam, Dar Al-Kotob Al-llmiyah Publication, 2010, Page 867
[xi] Grade: Sahih (Al-Albani) Reference: Sunan Abi Dawud 285
[xii] Grade: Hasan (Darussalam) Reference : Sunan Ibn Majah 2477
[xiii] The Evolution of Fiqh, Dr Abu Ameenah Bilal Philips. IIPH 2006, Page 123
[xiv] Fatwa number: 193290, Islamqa.info
[xv] Ibn Qayyim Al-Jawziyya (ZAD AL M AA’D) PROVISIONS OF THE AFTERLIFE, WHICH LIE WITHIN PROPHETIC GUIDANCE, Translation Ismail Abdus Salaam, Dar Al-Kotob Al-llmiyah Publication, 2010, Page 860
[xvi] Fatwa number: 193290, Islamqa.info