What is the duration of the waiting period ('Iddah) for a female slave (Umm Walad) who is divorced or separated?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
The most prevalent narration from Ahmad states that the waiting period for a female slave is two months. This position is supported by the statement of Umar (may Allah be pleased with him): the 'Iddah for the Umm Walad is two menstrual cycles, and if she does not menstruate, her waiting period is two months. This view is also held by 'Ata, Al-Zuhri, Ishaq, and one position of Al-Shafi'i. The reasoning is that months substitute for the 'Quru' (menstrual cycles), and the 'Iddah based on 'Quru' is two cycles, thus two months substitute for them. Furthermore, since her waiting period is counted in months for a separation other than death, the count should mirror that of a free woman if she were subject to cycles.
Supporting text
A second narration attributes a period of one month and a half to her 'Iddah. This is the position of 'Ali (may Allah be pleased with him), Ibn 'Umar, Ibn al-Musayyib, Salim, Al-Sha'bi, Al-Thawri, and the Ashab al-Ra'y, as well as a second position of Al-Shafi'i. This view posits that the 'Iddah for a slave is half the 'Iddah of a free woman (three months), resulting in one and a half months. The reason for completing two cycles for the menstruating woman was the inability to split a cycle; since months allow for bisection, it must be applied, analogous to the waiting period after a husband's death.