al-Hasan, Qatada, Malik, al-Shafi'i, and the scholars of the school of opinion (Ashab al-Ra'y). Some of the later scholars diverged, saying: It is not permissible for him to marry her, nor to propose to her, because she is a woman in her waiting period (mu'taddah). Our evidence is that the waiting period is for the protection of his lineage and the preservation of his fluid (semen), and his fluid is not protected from his own fluid if they are from a valid marriage. Thus, when he marries her, the waiting period ceases because the woman becomes a marriage bed for him through his contract, and it is not permissible for his wife to be in a waiting period. If he has intercourse with her then divorces her, a new waiting period becomes incumbent upon her, and she has nothing of the first one because it has ceased and lifted. If he divorces her before having intercourse with her, does she initiate a new waiting period or does she build upon what has passed? The Qadi said: There are two narrations regarding this. The first is that she initiates a new one, which is the statement of Abu Hanifah, because it is a divorce that is not devoid of a waiting period, so it necessitates a newly initiated waiting period, like the first. The second is that she is not obligated to initiate a new waiting period, which is the statement of al-Shafi'i and Muhammad ibn al-Hasan, because it is a divorce in a marriage before consummation, so it does not necessitate a waiting period, due to the generality of His saying—the Almighty—: {Then you have divorced them before you have touched them, then there is no waiting period for you that you need to reckon against them}. The Qadi mentioned in "Kitab al-Riwayatayn" that she is not obligated to initiate a new waiting period, according to a single narration, but she is obligated to complete the remainder of the first waiting period, because dropping it leads to the intermingling of fluids, as he might marry a woman, have intercourse with her, annul the marriage (khula'), then marry her again and divorce her immediately, and she marries a second man, all in one day. If he annuls it while she is pregnant, then marries her while she is pregnant, then divorces her while she is pregnant, her waiting period ends with the delivery of the child according to both narrations, and we know of no opponent regarding this, nor does her waiting period end before [her delivery] without any disagreement that we know of. If she delivers her child before the second marriage, then there is no waiting period upon her for the divorce from the second marriage, also without disagreement, because he married her after the completion of the first waiting period. If she delivers him
(12) In M: "zawja". (13) Surah al-Ahzab: 49. (14) In M: "wad'iha". (15) In the original: "qada". (16) In A: "wada'at".