The `Iddah of Those in Menopause and Those Who do not have Menses
Allah the Exalted clarifies the waiting period of the woman in menopause. And that is the one whose menstruation has stopped due to her older age. Her `Iddah is three months instead of the three monthly cycles for those who menstruate, which is based upon the Ayah in (Surat) Al-Baqarah. see 2:228 The same for the young, who have not reached the years of menstruation. Their `Iddah is three months like those in menopause. This is the meaning of His saying;
وَاللَّـتِي لَمْ يَحِضْنَ
(and for those who have no courses...) as for His saying;
إِنِ ارْتَبْتُمْ
(if you have doubt...) There are two opinions: First, is the saying of a group of the Salaf, like Mujahid, Az-Zuhri and Ibn Zayd. That is, if they see blood and there is doubt if it was menstrual blood or not. The second, is that if you do not know the ruling in this case, then know that their `Iddah is three months. This has been reported from Sa`id bin Jubayr and it is the view preferred by Ibn Jarir. And this is the more obvious meaning. Supporting this view is what is reported from Ubay bin Ka`b that he said, "O Allah's Messenger! Some women were not mentioned in the Qur'an, the young, the old and the pregnant." Allah the Exalted and Most Honored sent down this Ayah,
وَاللاَّئِى يَئِسْنَ مِنَ الْمَحِيضِ مِن نِّسَآئِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَـثَةُ أَشْهُرٍ وَاللَّـتِي لَمْ يَحِضْنَ وَأُوْلَـتُ الاٌّحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ
(Those in menopause among your women, for them the `Iddah, if you have doubt, is three months; and for those who have no courses. And for those who are pregnant, their `Iddah is until they lay down their burden.) Ibn Abi Hatim recorded a simpler narration than this one from Ubay bin Ka`b who said, "O Allah's Messenger! When the Ayah in Surat Al-Baqarah was revealed prescribing the `Iddah of divorce, some people in Al-Madinah said, `There are still some women whose `Iddah has not been mentioned in the Qur'an. There are the young, the old whose menstruation is discontinued, and the pregnant.' Later on, this Ayah was revealed,
وَاللاَّئِى يَئِسْنَ مِنَ الْمَحِيضِ مِن نِّسَآئِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَـثَةُ أَشْهُرٍ وَاللَّـتِي لَمْ يَحِضْنَ
(Those in menopause among your women, for them the `Iddah, if you have doubt, is three months; and for those who have no courses.)"
`Iddah of Pregnant Women
Allah's statement,
وَأُوْلَـتُ الاٌّحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ
(And for those who are pregnant, their `Iddah is until they lay down their burden;) Allah says: the pregnant woman's `Iddah ends when she gives birth, whether in the case of divorce or death of the husband, according to the agreement of the majority of scholars of the Salaf and later generations. This is based upon this honorable Ayah and what is mentioned in the Prophetic Sunnah. Al-Bukhari recorded that Abu Salamah said, "A man came to Ibn `Abbas while Abu Hurayrah was sitting with him and said, `Give me your verdict regarding a lady who delivered a baby forty days after the death of her husband.' Ibn `Abbas said,` Her `Iddah period lasts until the end of the longest among the two prescribed periods.' I recited,
وَأُوْلَـتُ الاٌّحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ
(For those who are pregnant, their prescribed period is until they deliver their burdens;) Abu Hurayrah said, `I agree with my cousin (Abu Salamah).' Then Ibn `Abbas sent his slave Kurayb to Umm Salamah to ask her. She replied, `The husband of Subay`ah Al-Aslamiyyah was killed while she was pregnant, and she delivered a baby forty days after his death. Then she received a marriage proposal and Allah's Messenger ﷺ married her to somebody. Abu As-Sanabil was one of those who proposed to her." Al-Bukhari collected this short form of the Hadith, which Muslim and other scholars of Hadith collected using its longer form. Imam Ahmad recorded that Al-Miswar bin Makhramah said, "Subay`ah Al-Aslamiyyah gave birth to a child a few days after the death of her husband. When she finished the postdelivery term, she was proposed to. So she sought the permission of Allah's Messenger ﷺ for the marriage, and he permitted her to marry, so she got married." Al-Bukhari collected this narration, as did Muslim, Abu Dawud, An-Nasa'i and Ibn Majah with a different chain of narration from the Hadith of Subay`ah. Muslim bin Al-Hajjaj recorded that `Ubaydullah bin `Abdullah bin `Utbah said that his father wrote to `Umar bin `Abdullah bin Al-Arqam Az-Zuhri, requesting that he go to Subay`ah bint Al-Harith Al-Aslamiyyah to ask her about the matter in question, and about what Allah's Messenger ﷺ said to her when she sought his verdict. `Umar bin `Abdullah wrote to `Ubaydullah bin `Abdullah bin `Utbah informing him that Subay`ah told him that she had been married to Sa`d bin Khawlah, and he was one of those who participated in the battle of Badr. He died during the Farewell Pilgrimage, while she was pregnant. Soon after his death, she gave birth. When she passed the postnatal term, she beautified herself for those who might propose to her. Abu As-Sanabil bin Ba`kak came to her and said, `Why do I see you have beautified yourself Do you wish to remarry By Allah, you cannot marry unless four months and ten days have passed." Subay`ah said, "When he said that, I dressed myself in the evening and went to Allah's Messenger ﷺ and asked him about his verdict. He gave me a religious verdict that I was allowed to marry after I had given birth to my child, saying I could marry if I wish." This is the narration that Muslim collected. Al-Bukhari collected this Hadith in a shorter form. Allah's statement,
وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مِنْ أَمْرِهِ يُسْراً
(and whosoever has Taqwa of Allah, He will make his matter easy for him.) means, Allah will make his matters lenient for him and will soon bring forth relief and a quick way out,
ذَلِكَ أَمْرُ اللَّهِ أَنزَلَهُ إِلَيْكُمْ
(That is the command of Allah, which He has sent down to you;) meaning, this is His commandment and legislation that He sent down to you through His Messenger ,
وَمَن يَتَّقِ اللَّهَ يُكَفِّرْ عَنْهُ سَيِّئَـتِهِ وَيُعْظِمْ لَهُ أَجْراً
(and whosoever has Taqwa of Allah, He will expiate from him his sins, and will increase his reward.) means, Allah will prevent what he fears and multiply his reward even for the little good he does.
