it is possible that it is from the second [intercourse], then there are two viewpoints: one of them is that she is divorced, because the original state is the absence of pregnancy (25) before the intercourse. The second is that she is not divorced, because the certainty is the continuation of the marriage, so it is not removed by doubt and possibility. It is not permissible for the husband to have intercourse with her before an istibra’ (clearing period), because the original state is the absence of pregnancy and the occurrence of divorce. The istibra’ (26) here is by one menstrual cycle. If the menstruation appears according to her habit, we realize that her divorce has occurred (27). If it does not arrive at her regular time, that is evidence of her pregnancy and the lawfulness of having intercourse with her.

If he says: 'If you are pregnant, then you are divorced,' this is the reverse of the issue preceding it. In the situation where the divorce occurs there, it does not occur here, and in the situation where it does not occur there, it occurs here. However, if she delivers a child in more than six months from the time of the husband's intercourse after the oath, and in less than four years from the time of concluding the condition, she is not divorced, because the certainty of the marriage remains, and the apparent [fact] is the emergence of the child from the intercourse; for the original state is its absence before it. It is not lawful for him to have intercourse [with her] until he completes her istibra’. Ahmad stated this. Al-Qadi said: 'Intercourse is forbidden, whether we say that a revocable divorce (raj'iyyah) is permissible or forbidden, because it prevents the knowledge of whether the divorce occurred or not.' Abu al-Khattab said: 'There is another narration regarding this, that intercourse is not forbidden, because the original state is the continuation of the marriage and the freedom of the womb from pregnancy.' When he completes her istibra’, intercourse becomes lawful for him according to both narrations. The istibra’ is by one menstrual cycle. Ahmad said in a narration from Abu Talib: 'If he says to his wife, "Whenever you become pregnant, you are divorced," he shall not approach her until she menstruates. Once she is pure, he may have intercourse with her. If her menstruation is delayed, she shall be shown to women who are knowledgeable. If they are not found or it is hidden from them, he shall wait for her for nine months, the average duration of pregnancy.' Al-Qadi mentioned another narration regarding this, that she is to be cleared by three quru’ (menstrual cycles) (28), because it (29) is the istibra’ for a free woman (30). This is one of the two viewpoints among the followers of al-Shafi'i. The correct [view] is what we have mentioned, because the objective is knowledge of the freedom of