inherit anything from her husband because the basis is bondage, and freedom is subject to doubt; thus she does not inherit while there is doubt. The difference between inheritance and the waiting period is that making the waiting period incumbent upon her is a precaution that causes no harm to others, whereas making inheritance incumbent is a deprivation of the right of another. Also, because the basis is the prohibition of marriage upon her, it does not cease except with certainty; and the basis is the absence of inheritance for her, so she does not inherit except with certainty. If it is said: Does not the inheritance of the wife of a missing person remain suspended if she dies, despite the doubt in his inheritance? We reply: The difference between them is that the basis here is bondage, and the doubt is regarding its cessation and the occurrence of the state in which she inherits. As for the missing person, the basis is his life, and the doubt is regarding his death and his exiting from the status of being an heir; thus they are different.

1361- Issue: He said: "And if he emancipates his umm al-walad, or a slave woman he was having intercourse with, she shall not marry until she has completed one full menstrual cycle. Likewise, if he wishes to marry her while she is in his possession, he must ensure her istibra' with one menstrual cycle, then marry her."

There is no disagreement in the Madhhab that the istibra' here is a single menstrual cycle for those who have menses. This is the opinion of al-Shafi'i, and it is the opinion of al-Zuhri and al-Thawri regarding one who wishes to marry a slave woman he was having intercourse with. The Hanafis (Ashab al-Ra'y) said: No istibra' is required of her because he has the right to sell her, so he has the right to marry her, like one he was not having intercourse with. 'Ata' and Qatadah said: Her waiting period is two menstrual cycles, like the waiting period of a divorced slave woman. Our evidence is that she is a bed-consort to her master, so it is not permissible for her to move to the bed-consort of another without istibra', just as if he had died leaving her. Also, because this is a woman who has been had intercourse with in a manner that has sanctity, it is not permissible for her to marry before istibra', like a woman had intercourse with by mistake.