with its expiration, and the 'idda is one of its rulings. Second, if a divorced woman comes with a child, the husband can deny and negate it through li'an (imprecation), but this is impossible regarding a dead person, so one is not secure from her bringing a child, which would then be attributed to the deceased, and he has no one to negate it. Thus, we have exercised caution by obligating the 'idda upon her to protect her from engaging in new activities and staying outside her home, as a means of protecting her.

Once this is established, the presence of menstruation is not considered in the death 'idda according to the general consensus of the scholars. It has been narrated from Malik that if the marriage was consummated, four months and ten days are required, provided that they include a menstrual cycle. However, following the Book and the Sunnah is more appropriate. Furthermore, if menstruation were to be considered in her case, it would be considered [as] three menstrual cycles, like that of a divorced woman. This disagreement is specific to a woman who menstruates; as for the woman who has reached menopause and the minor, there is no disagreement regarding them. As for the slave woman whose husband has died, her 'idda is two months and five days, according to the general consensus of the scholars, including Sa'id ibn al-Musayyib, 'Ata', Sulayman ibn Yasar, al-Zuhri, Qatada, Malik, al-Thawri, al-Shafi'i, Ishaq, Abu Thawr, the People of Opinion, and others, except for Ibn Sirin, who said: "I do not see the 'idda of a slave woman as anything other than the 'idda of a free woman, unless a Sunnah has passed regarding that, for the Sunnah is more worthy of being followed," and he adopted the apparent meaning and general implication of the text. Our evidence is the agreement of the Companions, may Allah be pleased with them, that the 'idda of a divorced slave woman is half that of a free woman; thus, the 'idda of death is the same.

Section: The ten [days] considered in the 'idda are ten nights with their days, so ten days with the nights are required. This is the opinion of Malik, al-Shafi'i, Abu 'Ubayd, Ibn al-Mundhir, and the People of Opinion. Al-Awza'i said: "Ten nights and nine days are required," because "ten" is used for nights rather than days, and the days that fall within the nights are only included as a consequence. We say: The Arabs treat the feminine form of the number as predominant over the masculine, so they use the term for "nights" while intending the nights along with their days, as