Idda of Slave-Girls Divorced by Their Husbands

69 Malik said, " What is done among us when a slave divorces a slave-girl when she is a slave and then she is set free, is that her 'idda is the 'idda of a slave-girl, and her being set free does not change her 'idda whether or not he can still take her back. Her 'idda is not altered."

Malik said, " The hadd punishment which a slave incurs is treated in the same way. When he is freed after he has incurred the penalty but before the punishment has been executed, his hadd is the hadd of a slave."

Malik said, " A freeman can divorce a slave-girl three times, and her 'idda is two periods. A slave divorces a freewoman twice, and her 'idda is three periods."

Malik said about a man who had a slave-girl as a wife, and he bought her and set her free, " Her 'idda is the 'idda of a slave-girl, i.e. two periods, as long as he has not had intercourse with her. If he has had intercourse with her after buying her and before he has set her free, she only has to wait until one period has passed."

29.25 General Chapter on 'Idda of Divorce

70 Yahya related to me from Malik from Yahya ibn Sa'id and from Yazid ibn 'Abdullah ibn Qusayt al-Laythi that Sa'id ibn al-Musayyab said, " 'Umar ibn al-Khattab said, 'If a woman is divorced and has one or two periods and then stops menstruating, she must wait nine months. If it is clear that she is pregnant, then that is that. If not, she must do an 'idda of three months after the nine, and then she is free to marry."

Yahya related to me from Malik from Yahya ibn Sa'id that Sa'id ibn al-Musayyab said, " Divorce belongs to men, and women have the 'idda."

71 Yahya related to me from Malik from Ibn Shihab that Sa'id ibn al-Musayyab said, " The 'idda of the woman who bleeds constantly is a year."

Malik said, " What is done among us about a divorced woman whose periods stop when her husband divorces her is that she waits nine months. If she has not had a period in that time, she has an 'idda of three months. If she has a period before the end of the three months, she accepts the period. If another nine months pass without her having a period, she does an 'idda of three months. If she has a second period before the end of those three months, she accepts the period. If nine months then pass without a period, she does an 'idda of three months. If she has a third period, the 'idda of the period is complete. If she does not have a period, she waits three months, and then she is free to marry. Her husband can return to her before she becomes free to marry unless he made her divorce irrevocable."

Malik said, " The sunna with us is that when a man divorces his wife and has the option to return to her, and she does part of her 'idda and then he returns to her and then parts from her before he has had intercourse with her, she does not add to what has passed of her 'idda. Her husband has wronged himself and erred if he returns to her and has no need of her."

Malik said, " What is done among us is that if a woman becomes a Muslim while her husband is an unbeliever and then he becomes a Muslim, he is entitled to her as long as she is still in her 'idda. If her 'idda is finished, he has no access to her. If he re-marries her after the end of her 'idda, however, that is not counted as divorce. Islam removed her from him without divorce."

The Two Arbiters

72 Yahya related to me from Malik that he had heard that 'Ali ibn Abi Talib said about the two arbiters about whom Allah, the Exalted, says, " If you fear a breach between a couple, send an arbiter from his people and an arbiter from her people. If the couple desire to put things right, Allah will bring about a reconciliation between them. Allah is All-Knowing, All-Aware, " (4: 35) that both separation and joining were overseen by the two of them.

Malik said, " That is the best of what I have heard from the people of knowledge. Whatever the two arbiters say concerning separation or joining is taken into consideration."

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