‘Uthman also adjudicated by it. It was narrated by al-Nasa’i and Ibn Majah (13). Our argument is the saying of Allah, the Exalted: "And divorced women shall wait by themselves for three menstrual periods." Furthermore, it is a separation after consummation during life, so it is three menstrual periods, like other than khul’. The saying of the Prophet (may Allah bless him and grant him peace): "The menstrual period for a slave woman is two menstruations" (14) is general. Their hadith is narrated by ‘Ikrimah as a mursal report; Abu Bakr said: It is weak and mursal. As for the opinion of ‘Uthman and Ibn ‘Abbas, it has been opposed by the opinion of ‘Umar and ‘Ali, for they both said: Her ‘idda is three menstrual periods. Their opinion is worthier of being followed. As for Ibn ‘Umar, Malik (15) narrated from Nafi‘ that he said: The ‘idda of the woman who has obtained khul‘ is the ‘idda of a divorced woman (16). This is the more correct [view] attributed to him.
Section: A woman who has had intercourse due to a misconception (shubhah) observes the ‘idda of a divorced woman, and likewise a woman who has had intercourse in an invalid marriage. This is what al-Shafi‘i said, because the intercourse due to a misconception or in an invalid marriage, regarding the occupation of the womb and the attachment (17) of lineage, is like intercourse in a valid marriage; thus it is the same in regard to that by which purity is obtained. If a married woman is had intercourse with due to a misconception, it is not permissible for her husband to have intercourse with her before the completion (18) of her ‘idda, so that it does not lead to the mixing of fluids and confusion of lineages. He may enjoy her sexually in ways other than vaginal intercourse, according to one of the two views, because she is a wife with whom intercourse was prohibited due to an impediment specific to the vagina, so enjoyment of her in ways other than that is permitted, like a menstruating woman.
Section: A woman who has been fornicated with is like a woman who has had intercourse due to a misconception in regards to the ‘idda. This is what al-Hasan and al-Nakha‘i said. There is another narration from Ahmad that she must wait for one menstrual cycle to ensure purity. Ibn Abi Musa mentioned it. This is the opinion of Malik,
(13) Narrated by al-Nasa’i, in: The Chapter on the ‘Idda of the Khul‘ Woman, from the Book of Divorce. Al-Mujtaba 6/153. And Ibn Majah, in: The Chapter on the ‘Idda of the Khul‘ Woman, from the Book of Divorce. Sunan Ibn Majah 1/663, 664. It was also narrated by Imam Malik, in: The Chapter on the Divorce of the Khul‘ Woman, from the Book of Divorce. Al-Muwatta’ 2/565. (14) Its extraction has preceded in 10/534. (15) In: The Chapter on the Divorce of the Khul‘ Woman, from the Book of Divorce. Al-Muwatta’ 2/565. (16) In A, B, and M: "mutallaqah". (17) In A, B, and M: "wa li-huquq". (18) In B and M: "inqida’".
