What is the ruling on purchasing an enslaved woman during her *idda* following divorce from her husband?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
If an enslaved woman is purchased while she is observing *idda* following her divorce from her husband, *istibra'* is not obligatory for the purchaser. This is because she was not previously an enslaved chattel belonging to the current master, and the purification from the husband through the *idda* has already occurred. Correspondingly, if she were manumitted during this state, *istibra'* would not be required of her.
Supporting text
Al-Qadi ruled that for a woman in *idda*, the master must mandate *istibra'* for her after the *idda* concludes, and the two periods do not overlap because they pertain to two different men. However, the apparent meaning of Ahmad's statement contradicts this, as his objection to the pre-consummation case was based on it being a legal trick, which does not apply here.