What is the specific age at which a woman is considered one of the despairing of menstruation (A-Y'is)
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
There are differing views originating from Ahmad regarding the age a woman becomes one of the despairing (A-Y'is). One narration states the commencement is fifty lunar years, based on the statement of Aisha that a woman will not bear a child after fifty years. Another narration from Ahmad differentiates based on ethnicity: fifty years for non-Arab women ('Ajam), and sixty years for Arab women due to their perceived stronger constitution. The soundest opinion posits that once a woman reaches fifty years, if her menses cease following its usual pattern and this cessation is not due to a specific cause, she is considered despairing (A-Y'is). This is because menses after fifty is rare, supported by Aisha's statement, and when this rarity is combined with the repeated cessation of the usual flow, despair regarding its return is established, allowing her to observe the waiting period counting by months.
Supporting text
The view of Al-Zubayr ibn Bakkar mentions Hind bint Abi 'Ubayda, who gave birth at sixty. Another saying suggests that only an Arab woman might give birth after fifty, and only a Qurayshi woman after sixty. Al-Shafi'i holds two opinions: one considers the age when it is certain menstruation has ceased, which some specify as sixty-two years; the second opinion considers the age when the women of her clan lose hope of menstruation, based on the presumption of similar upbringing and nature.