Al-Zuhri, Abu al-Zinad, al-Thawri, Abu 'Ubayd, and the people of Iraq [held this view], because counting by months was instituted after menopause, so it is not permissible before it, and she is not yet in menopause. Also, because she anticipates the return of the blood, so she does not count by months, just as if her menstruation were delayed due to some cause. Our evidence is the consensus reported by Al-Shafi'i, and that the purpose of the 'idda is to determine the emptiness of her womb, and this [period] achieves the verification of her womb's emptiness, so it is deemed sufficient. This is why it is deemed sufficient in the case of a woman who has menstrual cycles to use three cycles, and in the case of a woman in menopause to use three months. If absolute certainty were sought, the maximum duration of pregnancy would be considered. Furthermore, there is harm to her in lengthening the 'idda, as she is prevented from marrying and is permanently confined, and the husband is harmed by the obligation to provide housing and maintenance. Ibn 'Abbas said: "Do not prolong the hardship upon her; nine months are sufficient for her." If it is said: "If nine months have passed, the emptiness of her womb is known ostensibly, so why have you considered three months after it?" We reply: Counting by cycles and months only occurs in the absence of pregnancy, and the 'idda is required even with knowledge that the womb is empty, as evidenced by the case where he makes her divorce conditional upon giving birth; if she gives birth, the divorce takes place, and the 'idda becomes binding upon her.

Section: If menstruation returns to her within the year, even at its end, it becomes binding upon her to transition back to [counting by] cycles, because they are the original [basis], so the ruling of the substitute is invalidated by it. If it returns after [the year] has passed and she has [re-]married, she does not return to [counting by] cycles, because her 'idda has ended and we have ruled upon the validity of her marriage, so it is not invalidated, just as if a young girl observed an 'idda of three months, married, and then menstruated. If she menstruates after the year and before her marriage, there are two views: One is that she does not return, because the 'idda ended with the months, so she does not return, just like the young girl. The second is that she does return, because she is among those who have menstrual cycles, and she was capable of [fulfilling the obligation by] the original method before the right of a husband became attached to her, so returning is binding upon her, just as if she had menstruated within the year.

1346 - Issue: He said: (And if she is a slave woman, she observes an 'idda of eleven months: nine months for the pregnancy, and two months for the 'idda).