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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 11 · Page 199Second Section

Translation · EN

that when the obstacle is confirmed, such as ihram and similar states, it prevents the completion of the dower, and the ‘idda does not become obligatory; because the seclusion was only established as a substitute for actual intercourse because it is a likelihood of it, and with an obstacle, this likelihood is not realized. As for if he was in seclusion with her, and she is a minor with whom intercourse is not possible, or if he were blind and unaware of her, then there is no ‘idda for her, and her dower is not completed, because the likelihood is not realized with the presence of an evident impossibility of intercourse.

Second Section: The ‘idda of a divorced woman, if she is free and belongs to those who have regular cycles (quru’), is three quru’ without dispute among the scholars. This is due to the saying of Allah the Almighty: "And divorced women shall wait by themselves for three quru’". The term qur’ (9) in the speech of the Arabs applies to both menstruation and the period of purity, as it is one of the homonymous names. Ahmad ibn Yahya Tha‘lab said: The quru’ are the times, the singular being qur’an, and it may be menstruation and it may be purity, because each of them arrives at a time. The poet said (10):

I detested the ‘aqr, the ‘aqr of the sons of Tamim ... whenever the winds blew for its seeker (11)

He means: for its time. Al-Khalil ibn Ahmad said: It is said: "Aqra’at al-mar’ah" (The woman’s menstruation has approached), and "Aqra’at" (her period of purity has approached). In the Hadith from the Prophet (peace be upon him): "Leave prayer for the days of your quru’" (12). This refers to menstruation. The poet said (13):

Inheriting honor and high status in the tribe ... for what was lost therein of the quru’ of your women

This refers to the period of purity. The scholars differed regarding what is meant by His saying, the Almighty: "Shall wait by themselves for three quru’". There is a difference in the report from Ahmad regarding this; it is narrated that it refers to menstruations. This was narrated from

Notes

(9) In the original: "wal-quru'". (10) He is Malik ibn al-Harith, the brother of the sons of Kahl ibn al-Harith ibn Tamim ibn Samad ibn Hudhayl. See: Diwan al-Hudhaliyyin 3/81, and the verse is in it 3/83. It has been attributed to Ta'abbata Sharran in: Mu'jam al-Buldan 3/695, see his Diwan 240. (11) 'Aqr here: the palace which serves as a stronghold for the people of the village. Mu'jam al-Buldan 3/695. (12) Its derivation has preceded in 1/277. (13) He is al-A'sha, and the verse is in his Diwan 91.

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