Is the waiting period for a female slave ('Umm Walad) three months?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
The third reported opinion dictates that the waiting period for a female slave is three months. This is narrated from Al-Hasan, Mujahid, 'Umar ibn 'Abd al-'Aziz, Al-Nakha'i, Yahya al-Ansari, Rabi'ah, Malik, and constitutes the third position of Al-Shafi'i. The evidence is the generality of Allah's statement, {Their waiting period is three months} (Quran 65:4). Furthermore, since this period serves as a purification period ('Istibra') for a slave who has despaired of menstruation, it should be three months, mirroring the purification period when a slave is newly possessed or her master dies. The necessity of three months is to ascertain the womb's purity, which requires this duration equally for free women and slaves, as fetal development stages (nutfah and 'alaqah) necessitate this time to make pregnancy apparent.
Supporting text
Those rejecting the three-month duration argue that it contradicts the consensus (Ijma') of the Companions, as they differed only on the first two opinions; establishing a third opinion would imply faulting all Companions, which is impermissible. Additionally, since her waiting period is for non-pregnancy certainty, it should be less than that of a free woman, similar to the waiting period for a widow subject to menstrual cycles.