For this [the adulteress's waiting period], the waiting period of the adulteress is like the waiting period of the divorced woman; because it is a clearing of the womb for a free woman, so it resembles the waiting period of one who has been had intercourse with in a state of doubt. Ibn Abi Musa narrated that she is to clear her womb with one menstrual cycle; because it is not from a marriage or a doubtful marriage, so it resembles the clearing of an Umm al-Walad [a slave mother] when she is freed. As for repentance, it is seeking forgiveness, remorse, and desisting from the sin, like repentance from all other sins. It is narrated from Ibn 'Umar that it was said to him: "How is her repentance known?" He said: "He propositions her for that; if she obeys him, then she has not repented, and if she refuses, then she has repented." Ahmad adopted the opinion of Ibn 'Umar, following him. The correct [view] is the first one, for it is not appropriate for a Muslim to invite a woman to adultery and request it from her, and because his requesting that from her would only be in seclusion, and seclusion with a non-mahram woman is not lawful, even if it were for teaching her the Quran, so how could it be lawful for propositioning her to commit adultery! Furthermore, he cannot be secure that if she responds to him, she might return to the sin; thus, it is not lawful to expose oneself to such a thing. Furthermore, repentance from all other sins—regarding the rights of all people and in relation to all other legal rulings—is not done in this manner, and thus this [case] is the same.
Section: If both conditions are met, her marriage becomes lawful for the adulterer and others, according to the opinion of the majority of scholars, among them: Abu Bakr, 'Umar, his son [Abdullah], Ibn 'Abbas, Jabir, Sa'id ibn al-Musayyib, Tawus, Jabir ibn Zayd, 'Ata', al-Hasan, 'Ikrimah, al-Zuhri, al-Thawri, al-Shafi'i, Ibn al-Mundhir, and the People of Opinion [Ahl al-Ra'y]. It is narrated from Ibn Mas'ud, al-Bara' ibn 'Azib, and 'Aishah that she is never lawful for the adulterer under any circumstances. They said: They remain two adulterers as long as they are together, due to the generality of the verse and the report. It is possible that they meant by that what was before repentance or before the clearing of her womb.
(32) Missing from: [The Original], [A], [B]. (33) Missing from: [B]. (34) Missing from: [M]. (35) Recorded by al-Bayhaqi, in: The Chapter on what is used as evidence to limit the verse to what it was revealed for or its abrogation, from the Book of Marriage. Al-Sunan al-Kubra 7/156, 157. And Sa'id ibn Mansur, in: The Chapter on a man who commits adultery with a woman then marries her. Al-Sunan 1/225. And Ibn Abi Shaybah, in: The Chapter on those who disliked that he should marry her, from the Book of Marriage. Al-Musannaf 4/251.