The Difference Between the Waiting Period of a Free Woman and a Slave Woman
Machine translationRead the Arabic original
Question:
I am from Sudan, from the village of al-Habikah. The questioner, Mustafa 'Abd al-Majid al-Bashir, says in his message, after thanking Allah the Mighty and Majestic, and then thanking the Kingdom’s radio station for this, and making a supplication for the honorable scholars for success, and we say to him: May Allah accept from us and from you, and may He rectify the intention. He asks: Is there a difference between the waiting period of a free woman and a slave woman? Please inform us; may Allah reward you with good?
Answer:
Yes, the position of the majority of scholars is that her waiting period is half that of a free woman. If a slave woman is divorced, she observes a waiting period of two menstrual cycles instead of three; because a menstrual cycle cannot be divided, but it is completed, so she observes two cycles. Likewise, in the waiting period due to death, it is two months and five days according to the majority. Some scholars said there is no difference and that she observes the same waiting period as a free woman. However, what is known from the Companions, the companions of the Prophet (peace and blessings be upon him) (may Allah be pleased with them), is halving it. Just as Allah made her limit half when she commits unlawful sexual intercourse—half of what is for the married women—so the punishment for the slave woman is half. Therefore, if her husband divorces her, she observes half the waiting period of a free woman, meaning two menstrual cycles. And if it is by months, such as for a post-menopausal woman or a young girl, it is one and a half months.
I am from Sudan, from the village of al-Habikah. The questioner, Mustafa 'Abd al-Majid al-Bashir, says in his message, after thanking Allah the Mighty and Majestic, and then thanking the Kingdom’s radio station for this, and making a supplication for the honorable scholars for success, and we say to him: May Allah accept from us and from you, and may He rectify the intention. He asks: Is there a difference between the waiting period of a free woman and a slave woman? Please inform us; may Allah reward you with good?
Answer:
Yes, the position of the majority of scholars is that her waiting period is half that of a free woman. If a slave woman is divorced, she observes a waiting period of two menstrual cycles instead of three; because a menstrual cycle cannot be divided, but it is completed, so she observes two cycles. Likewise, in the waiting period due to death, it is two months and five days according to the majority. Some scholars said there is no difference and that she observes the same waiting period as a free woman. However, what is known from the Companions, the companions of the Prophet (peace and blessings be upon him) (may Allah be pleased with them), is halving it. Just as Allah made her limit half when she commits unlawful sexual intercourse—half of what is for the married women—so the punishment for the slave woman is half. Therefore, if her husband divorces her, she observes half the waiting period of a free woman, meaning two menstrual cycles. And if it is by months, such as for a post-menopausal woman or a young girl, it is one and a half months.
Source
ندوات الجامع الكبير مع الأسئلة - 74 — archive.org (29:39)
The Arabic text is a machine transcription of the audio recording.
