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General Chapter on Idda of Divorce

Yahya related to me from Malik from Ibn Shihab that Saidibn al-Musayyab said, "The idda of the woman who bleedsconstantly is a year."

Malik said, "What is done among us about a divorced womanwhose periods stop when her husband divorces her is thatshe waits nine months. If she has not had a period inthem, she has an idda of three months. If she has aperiod before the end of the three months, she acceptsthe period. If another nine months pass without herhaving a period, she does an idda of three months. If shehas a second period before the end of those three months,she accepts the period. If nine months then pass withouta period, she does an idda of three months. If she has athird period, the idda of the period is complete. If shedoes not have a period, she waits three months, and thenshe is free to marry. Her husband can return to herbefore she becomes free to marry unless he made herdivorce irrevocable."

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

Malik said, "What is done among us is that if a womanbecomes a muslim while her husband is a kafir and then hebecomes muslim, he is entitled to her as long as she isin her idda. If her idda is finished, he has no access toher. If he remarries her after the end of her idda,however, that is not counted as divorce. Islam removedher from him without divorce."