What is the required waiting period (Iddah) and purity testing (Istibra') for a slave woman whose husband and master died simultaneously, with the order of death unknown?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
According to the opinion of Abu Bakr, the woman is not required to perform an Istibra' (purity test). This is because the legal relationship (firash) with her master has ended, and she does not return to him. She must observe the Iddah for the death of her husband, which is the Iddah prescribed for a free woman. This ruling is based on the possibility that the master died first, making her free, and then the husband died while she was free, necessitating the Iddah of a free woman to certainly complete her required waiting period. This is further supported by the reasoning that if the time between their deaths is two months and five days or less, no Istibra' is required because either the master died first while she was his wife, or the husband died last while she was observing Iddah for the master, neither scenario requiring Istibra'. She observes the Iddah of a free woman after the death of the survivor.
Supporting text
Another opinion states that if the time between their deaths exceeds two months and five days, she must observe the longer of two periods after the death of the survivor: four months and ten days (Iddah for widowhood as a free woman) and an Istibra' by one menstrual cycle (Hayd). This is because it is possible the master died first, requiring the free woman's Iddah, or the husband died last after her master's Iddah concluded, meaning she returned to the master's possession and now requires Istibra' by one cycle. The precaution is taken by combining both requirements. Scholars agree that the Iddah for a slave from her master is one cycle, and from her husband is two months and five nights; where the timing is unknown, the rule follows the case where the interval is known (two months and five days) as a precaution to certainly fulfill all obligations.