What is the legal definition of 'Ayyamā' (unmarried person)?
General Chapter
Al-Mughni
Book of Bequests
Primary text
The term 'Ayyamā' (plural of Ayim) is analogous to 'Arāmil' (widows), but it applies to every woman who does not have a husband. The Divine command states: "And marry the unmarried among you" (Quran 24:32). Furthermore, there is a narration stating, "I seek refuge in Allah from the barrenness/unmarried state of the Ayim." The scholars of our school affirm that the term applies to both men and women who are without spouses, citing the report that Hafsa bint Umar became widowed from her husband and Umm Uthman became widowed from Ruqayyah.
Supporting text
The contrary view holds that common usage specifically reserves this term for women, and the ruling must adhere to the conventionally accepted term. The Prophet's supplication, "I seek refuge in Allah from the barrenness/unmarried state of the Ayim," is understood to refer specifically to the woman, as her unmarried state is what is typically described and its negative consequences are pertinent to her.