Section: If a slave woman under a slave husband is emancipated and she chooses herself (to be free from the marriage), she observes the 'idda of a free woman, because she became separated from her husband while she was free. It has been narrated from Al-Hasan that the Prophet (peace be upon him) commanded Barira to observe the 'idda of a free woman. If the slave husband divorces her with a revocable divorce and her master emancipates her, she builds upon the 'idda of a free woman, whether she annuls the marriage or remains in it, because she was emancipated during a revocable divorce. If she does not annul it, and he takes her back during her 'idda, she has the option after his return. [If she chooses annulment before consummation, does she restart the 'idda, or does she build upon what has passed of her 'idda? There are two views.] If we say she restarts, she restarts the 'idda of a free woman. If we say she builds, she builds upon the 'idda of a free woman.

1345 - Issue: He said: (And if he divorces her while she is among those who have menstruated, but her menstruation ceased, and she does not know what caused it to cease, she observes an 'idda of one year).

The summary of this is that if a man divorces his wife, and she is of those who have menstrual cycles, but she does not see menstruation at her usual time, and she does not know what caused it to cease, she observes an 'idda of one year. She waits for nine months of that time to determine the emptiness of her womb, because this period is the most common duration of pregnancy. If pregnancy is not apparent during that time, it is known that the womb is empty, ostensibly, so she observes thereafter the 'idda of those who have reached menopause, which is three months. This is the opinion of Umar, may Allah be pleased with him. Al-Shafi'i said: This was the judgment of Umar among the Emigrants and the Helpers, and no one among them whom we know of denied it. Malik and Al-Shafi'i in one of his two opinions also said this. It is also narrated from Al-Hasan. Al-Shafi'i said, in another opinion: She waits for four years, the maximum duration of pregnancy, and then observes an 'idda of three months, because this period is the one by which the emptiness of her womb is verified, so it is necessary to consider it as a precaution. In the New (Madhab), he said: She remains in a state of 'idda forever, until she menstruates or reaches the age of menopause, at which point she observes an 'idda of three months. This is the opinion of Jabir ibn Zayd, Ata', Tawus, Al-Sha'bi, and Al-Nakha'i.