Section: If she reaches an age at which women usually menstruate, yet does not menstruate, such as fifteen years, then her 'idda is three months, according to the apparent opinion of Al-Khiraqi, [and it is the statement of] Abu Bakr. [And it is the school of] Abu Hanifa, Malik, and Al-Shafi'i. Abu Bakr weakened the narration that opposes this and said: Abu Talib narrated it, and he [Abu Talib] contradicted his companions in it, and that is what Abu Talib narrated from Ahmad, that she observes an 'idda of one year. Al-Qadi said: This narration is more correct; because whenever the time for menstruation arrives and she does not menstruate, she becomes [an object of] suspicion, as it is possible she has a pregnancy that prevented her menstruation, so she must observe an 'idda of a year, like one whose menstruation ceased after its occurrence. We say: [The basis is] the saying of Allah Almighty: "And those who have despaired of menstruation from your women, if you are in doubt, their 'idda is three months, and those who have not menstruated" [and she is among those who have not menstruated], and because the consideration is of the condition of the one observing the 'idda, not the condition of someone else. For this reason, if she menstruates before reaching an age at which women like her usually menstruate, such as if she menstruates at ten years of age, she observes the 'idda by menstrual cycles, and she is distinct from one whose menstruation has ceased [and she does not know what caused it to cease]; for she is among those who have menstrual cycles, whereas this one [the prepubescent] was not among them.

1344 - Issue; He said: (And if he divorces her with a divorce in which he possesses the right of return, while she is a slave woman, and her 'idda has not expired until she was emancipated, she builds upon the 'idda of a free woman. And if he divorces her with a divorce in which he does not possess the right of return, and she was then emancipated, she observes the 'idda of a slave woman.)