Malik, al-Shafi'i, and al-Layth [say]: The blood she sees is menstruation if it is possible. This was also narrated from al-Zuhri, Qatadah, and Ishaq, because it is blood that coincides with a habit, so it is menstruation, like that of a non-pregnant woman. Our evidence is the saying of the Prophet, peace and blessings of Allah be upon him: "A pregnant woman shall not be engaged in sexual intercourse until she delivers, and a non-pregnant woman shall not be engaged in sexual intercourse until she has undergone an istibra' (period of purification) through one menstrual cycle." Thus, he made the presence of menstruation a sign of the innocence of the womb, which indicates that [pregnancy] cannot coexist with it. Our Imam argued using the hadith of Salim, from his father, that he divorced his wife while she was menstruating, so 'Umar asked the Prophet, peace and blessings of Allah be upon him, who said: "Order him to take her back, then divorce her while she is pure or pregnant." Thus, he made pregnancy a sign of the absence of menstruation, just as he made purity a sign of its absence. Also, because it is a time in which menstruation does not habitually occur to her, so the blood she sees during it is not menstruation, like [that of] a woman who has reached menopause (al-ayisah). Ahmad said: "Women only recognize pregnancy by the cessation of blood." The statement of 'A'ishah is interpreted as referring to the pregnant woman who is near delivery, to reconcile between her two statements; for if the pregnant woman sees blood near her delivery, it is nifas (postnatal bleeding), and she ceases prayer for it. Ishaq said the same. Al-Hasan said: If she sees blood near childbirth...
(2) Al-ha'il: she who has not become pregnant. (3) Narrated by Abu Dawud, in: Chapter on Intercourse with Slave Girls, from the Book of Marriage. Sunan Abi Dawud 1/497. Al-Darimi, in: Chapter on the Istibra' of a Slave Girl, from the Book of Divorce. Sunan al-Darimi 2/171. Imam Ahmad, in: al-Musnad 3/28, 62, 87. See: 'Aridat al-Ahwadhi 7/59. (4) In M: "li-yutalliqaha". (5) Narrated by al-Bukhari, in: The beginning of the interpretation of Surat al-Talaq, from the Book of Interpretation; and in: Chapter on the saying of Allah the Exalted {O Prophet! When you divorce women, divorce them at their prescribed waiting periods and count the waiting period}, and the Chapter on if one divorces a menstruating woman, that divorce is counted, and the Chapter on one who divorces and whether a man should confront his wife with divorce, and the Chapter on their husbands have the better right to take them back in that [waiting period], and the Chapter on taking back a menstruating woman; and in: Chapter on whether a judge may issue a ruling or fatwa while angry, from the Book of Legal Rulings. Sahih al-Bukhari 6/193, 7/52, 54, 75, 76, 9/82. And Muslim, in: Chapter on the prohibition of divorcing a menstruating woman without her consent, etc., from the Book of Divorce. Sahih Muslim 2/1093, 1095. And Abu Dawud, in: Chapter on Sunnah Divorce, from the Book of Divorce. Sunan Abi Dawud 1/500. And al-Tirmidhi, in: Chapter on what has been said regarding Sunnah Divorce, from the Books of Divorce. 'Aridat al-Ahwadhi 5/123, 124. And al-Nasa'i, in: Chapter on the time of divorce for the waiting period that Allah the Almighty commanded women to be divorced for, and the Chapter on what is done if he divorces [her with] one pronouncement while she is menstruating, and the Chapter on divorce that is not for the waiting period and what is counted against the divorcee. al-Mujtaba 6/112, 114, 115. And Ibn Majah, in: Chapter on Sunnah Divorce, and the Chapter on how a pregnant woman is divorced, from the Book of Divorce. Sunan Ibn Majah 1/651, 652. And al-Darimi, in: Chapter on the Sunnah in Divorce, from the Book of Divorce. Sunan al-Darimi 2/160. And Imam Malik, in: Chapter on what has been said regarding the menstrual cycles, the waiting period of divorce, and the divorce of the menstruating woman, from the Book of Divorce. al-Muwatta 2/576. And Imam Ahmad, in: al-Musnad 2/26, 43, 51, 54, 58, 59, 61, 81, 124, 130.
