What is the required period of Istibra' for a woman whose pregnancy status is unknown?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
If a woman passes away while the man is in a state of purity, she is considered lawful (ḥall) only after she becomes pure following the subsequent menstrual cycle. If she is already menstruating, the remainder of that flow is disregarded, and she is lawful only upon completion of the second menses, as the Istibra' requires a complete menstrual cycle. This is the view held by Al-Hasan, Ibn Sirin, Al-Nakha'i, Abu Qilabah, and one opinion of Al-Shafi'i. 'Umar ibn 'Abd al-'Aziz sought counsel from the people of Medina and midwives, who informed him that the Istibra' for a pregnant woman should not be less than three months, a conclusion that pleased him. This duration is based on the established reality that pregnancy cannot be definitively determined in a shorter time.
Supporting text
There is a second narration from Ahmad stating the Istibra' requires one month, aligning with the opinion that a month substitutes for a menstrual cycle for a free woman or divorced female slave. A third narration from Al-Qadi suggests two months, equivalent to the waiting period for a divorced female slave, though this view lacks strong justification. Sa'id ibn al-Musayyib, 'Ata', Al-Dahhak, and Al-Hakam ruled that a female slave who does not menstruate should undergo Istibra' for one and a half months. Ahmad also reported 'Ata' suggesting forty-five nights for a woman not menstruating, equating it to the waiting period for a non-menstruating female slave.