Is a menstrual period occurring at the time of divorce counted as part of the waiting ('iddah) period?

General Chapter

Al-Mughni

Book of Waiting Periods ('Iddah)

Book 44 · Issue 1 · Bab 1

Open in Qurani

Primary text

The menstrual period during which a divorce occurs is not counted as part of the 'iddah period, with no scholarly disagreement on this matter. This is because Allah commanded three *quru'* (purifications/menstruations), which implies three complete cycles. The portion remaining of the period during which the divorce occurred is insufficient to complete three full cycles when combined with two others, thus it is not counted. Furthermore, divorce was prohibited during menstruation to prevent lengthening the 'iddah; if that partial period were counted, the 'iddah would be shorter, benefiting the woman, which contradicts the prohibition. This ruling is based on the command for three complete periods.

Supporting text

If the *quru'* is interpreted as periods of purity (*tuhur*), the purity period during which the divorce occurred is counted as one *quru'*. If only a moment of that purity period remained, it is counted as a full *quru'*. This applies to all scholars who hold that *quru'* signifies purity, except for Al-Zuhri, who stated that the waiting period is three *quru'* excluding the period of purity in which the divorce occurred.