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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 11 · Page 2041340 - Issue: He said: (Once she has performed ghusl [ritual bathing] after the third menstrual cycle, she becomes permissible for marriage to other men).

Translation · EN

period from her 'idda, and she needs to observe an 'idda of three menstruations after it, or three periods of purity, according to the other narration. If he said to her: "You are divorced at the end of your period of purity," or "at the last moment of your period of purity," or if the words of execution were completed and there remained of the period of purity only the time of the occurrence, then she does not count the period of purity in which the divorce occurred; because the 'idda only exists after the occurrence of the divorce, and there is no period of purity after it for her to count, and it is not permissible to count what was before it, nor what was concurrent with it. Whoever makes the qur' the menstruation, counts for her the menstruation that follows the divorce; because it is a complete menstruation in which no divorce occurred, so it is required that she counts it as a qur'. And if they disagree, so the husband says: "The divorce occurred at the beginning of the menstruation," and she says: "Rather, at the end of the period of purity," or he says: "The words of divorce were completed with the completion of the period of purity," and she says: "Rather, there was still some of it remaining," then her statement is accepted; because her statement is accepted regarding menstruation and the expiration of the 'idda.

1340 - Issue; he said: (So when she performs ghusl [major ablution] from the third menstruation, she becomes permissible for husbands).

Abu 'Abd Allah ibn Hamid narrated two narrations regarding this issue; one of them is that she is still in her 'idda as long as she has not performed ghusl, so it is permissible for her husband to return to her, and it is not lawful for anyone else to marry her. Ahmad said: "Umar, Ali, and Ibn Mas'ud say: 'Before she performs ghusl from the third menstruation.'" This was narrated from Sa'id ibn al-Musayyab, al-Thawri, and Ishaq. This was also narrated from Abu Bakr al-Siddiq, 'Uthman ibn 'Affan, Abu Musa, 'Ubadah, and Abu al-Darda', may Allah be pleased with them. Sharik said: "He has the right of return, even if she neglects the ghusl for twenty years." Abu Bakr said: And it was narrated from Abu 'Abd Allah that she is in her 'idda, [and her husband has the right to return to her until the time of the prayer, which she became pure during its time, passes. This is the statement of al-Thawri, and Abu Hanifa said the same] (1) if the blood ceases before the maximum duration of menstruation. If it ceases at its maximum, the 'idda expires with its cessation. The basis for considering the ghusl is the statement of the prominent figures (2) of the Companions, and there is no dissenter among them in their era, so it constitutes a consensus (ijma'). And because she is prevented from prayer by the ruling of the state of ritual impurity (hadath) of menstruation, so she is like the menstruating woman.

Notes

(46) In A, M: "fa-huruf" (so the words). (1) Omitted from: B. (2) In A, B: "al-akathir" (the many). And in M: "al-aktharin" (the majority).

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