The Divorcee while in a state of Nifās

Question:

An individual said to his wife you are divorced, while she’s experiencing Nifās (post natal bleeding), 30 days after the labour.

Answer:

The ‘Idda of women experiencing Nifās commences with the menstruation.

(وَٱلْمُطَلَّقَٰتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَٰثَةَ قُرُوٓءٍ)

“And divorced women shall wait (as regards their marriage) for three Qurū’.“
[Al-Baqara:228]

Even if the length of time was to be lengthy.

The Nifās is not counted as such; so whenever she starts her menstruation her ‘idda starts.

Imām Ibn Al-Mundhir, may Allah have mercy upon him, in his book ‘Al-Ishrāf‘, said:

“All of those that we memorise from, of the people of knowledge, from those that say:
• That the Aqrā‘ (i.e the Qurū‘) is purity.
To those that say:
• That the Aqrā‘ is the menstruation.

Have all agreed upon:
● That the woman who has been given the divorce while in a state of Nifās, does not start her ‘Iddah with the nifās (rather it) commenses with the three Qurū‘.

This view has been narrated from Zayd bin Thābit, Al-Hassan, ‘Aṭā, Sulaymān bin Yasār, Az-Zuhri and it was said by Abu ‘Ubayd, and he mentioned that it was the view of all the people of Hijāz and ‘Irāq.

He said: this is due to post natal blood not being from Al-Qurū‘, and it’s name is not applicable to it.”

[End of speech from ‘Al-Ishrāf’, book of Al-‘Idad, chapter of the divorcee while in Nifās]

Answered by:
Shaykh Abu Hatim Yusuf Al-‘Inaabi Al-Jazaa’iree – may Allah preserve him.

Source:
t.me/abouhatem/205

Answered on:
4th, Rabē’l Ākhar, 1438H.

Translated by:
Abu ‘Abdirrahman ‘Abdullaah bin Ahmed Ash-Shingaani.