['Aalim Network QR] 'Iddah (Waiting period) for Mut'a

[Mustafa Rawji <mrawji@sciborg.uwaterloo.ca>]

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|       In the Name of Allah, the Compassionate, the All-Merciful       |\
|  Greeting of Allah be upon Muhammad and the pure members of his House |\
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Salamun alaykum,

	The reply to the following question was kindly provided by Br.
Shaun Astarabadi.

Wasalaam,

Mustafa Rawji
Moderator, 'Aalim Network

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QUESTION:

Salaam 'Alaykum,

I was reading Sayyid Sharafuddin's Masail Fiqhiyyah and he (ra) mentioned
that the 'iddah for Mu'ta is the same as that for a slave-girl which is
45 days.
 
Do the other 4 Madhhabs also agree that the 'iddah for a slave-girl is 45
days?
 

ANSWER:  

'Abdul Rahman al-Jaziri, an Egyptian scholar from the Azhar University
[1299AH/1882AD-1360AH/1941AD] who was assisted in publishing his 5 volume
fiqh text "al-Fiqh ala al-Mathahib al-Arba'a" by half a dozen of scholars
from the various 4 Sunni schools, states:  
 
"The 'Iddah for a free woman when divorced is three Periods and the slave 
is two Periods." [v4, p516, p521]

"The minimum Period is 15 days. The minimum clean time is 15 days" [v4, p518]

 With the above, the total period of 'Iddah for a slave girl is as follows: 
   15 (from start of 1st Period)+ 15 (clean) + 15 (2nd Period)= 45 days.

Also, the 'Iddah for a free woman (who does not get her period) is three
months and the slave woman is half the time (45 days). [v4, p525]
                    --------------------------------

Another reference for 'Iddah of divorce:

Sayyid Sabiq, a well known present day Sunni scholar, in "Fiqh
al-Sunna", v2, p343 says:

"Shafies say: The minimum possible 'Iddah (waiting period) for a free
woman by menstural period is 32 days and one hour..."

He goes on to say: "To abu Hanifa the minimum time is 60 days and the
other two (Malik and Ibn Hanbal*) 39 days."

* Also in "Zadul Ma'ad", v4, p208.

The above is based on three Periods in accordance to the aya [2:228]. 
As we mentioned earlier, the slave woman's waiting period is half the
time of the free women, which is generaly rounded to two Periods.

This is consistently similar to the Iddah, in Shi'ite jurispendence, of
the adult woman who consumated a temporary mariage and who gets her
Period:  "Two full Periods are required."  As to the "one who does not get
her Period due to an illness or the like, her waiting period is 45 days." 
The pregnant woman "waits the longest of: 1) giving birth, 2) two Periods,
or 3) 45 days."  [See Assayyid al-Sistani, "al-Masael al-Muntakhaba",
p426, issue #1087]

I hope this is sufficient to clarify the statement.


Shaun Astarabadi