It has also been narrated from Abu Bakr and ‘Umar, may Allah be pleased with them, that she has no ‘idda. This is the opinion of al-Thawri, al-Shafi‘i (19), and the People of Reason (Ashab al-Ra’y), because the ‘idda is for the preservation of lineage, and no lineage is attached to it. It has been narrated from ‘Ali, may Allah be pleased with him, what indicates this. Our argument is that it is intercourse that necessitates the occupation of the womb, so the ‘idda is incumbent upon it, like intercourse due to a misconception (shubhah). As for the necessity of it being like the ‘idda of a divorced woman, it is because she is a free woman, so it is necessary for her to observe a complete ‘idda, like the woman who has had intercourse due to a misconception. Their claim that it is only necessary for the preservation of lineage is not valid; for if it were specific to that, it would not be necessary for the woman who has engaged in li‘an (imprecation) whose child is disowned, nor for the woman who has reached menopause, nor for the minor, nor would it be necessary to ensure the purity of a slave woman whose child is not attributed to the seller. If it were necessary for that reason, then the ensuring of the purity of the slave woman would be upon the seller. Furthermore, even if it were established that it is necessary for that reason, the need for it is pressing; for if the woman who has been fornicated with marries before completing the ‘idda, the child of the [new] husband will be confused with the child from the fornication (20), and thus the preservation of lineage will not be attained.

1339 - Issue: He (may Allah have mercy on him) said: (And if a man divorces his wife and he has been in seclusion with her, her ‘idda is three menstrual periods, other than the menstrual period in which he divorced her.)

There are three sections in this issue:

One of them: That the ‘idda is necessary for every woman with whom her husband has been in seclusion, even if he did not touch her. There is no disagreement among the scholars regarding its obligation for the divorced woman after consummation. As for if he was in seclusion with her and did not have intercourse with her, then divorced her, the school of Ahmad holds that the ‘idda is necessary for her. This has been narrated from the Rightly-Guided Caliphs, Zayd, and Ibn ‘Umar. This is also the opinion of ‘Urwah, ‘Ali ibn al-Husayn, ‘Ata’, al-Zuhri, al-Thawri, al-Awza‘i, Ishaq, the People of Reason, and al-Shafi‘i in his old opinion (1). He said