What is the ruling on an enslaved woman purchased after her husband divorced her following consummation?

General Chapter

Al-Mughni

Book of Waiting Periods ('Iddah)

Book 44 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the husband entered into the marriage (consummated it) and then divorced her, the purchaser is not required to perform *istibra'* upon her. This is because the waiting period (*idda*) she undergoes fulfills the requirement for ascertaining purity. If she were manumitted while undergoing *idda*, *istibra'* would not be required. Her purification has already been achieved through her previous marital obligation to the man who was her husband.

Supporting text

Some scholars hold two differing views regarding whether *istibra'* is fulfilled by the *idda* in the case of a woman married to her master.