An individual said to his wife you are divorced, while she’s experiencing Nifās (post natal bleeding), 30 days after the labour.
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’.“
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]
Shaykh Abu Hatim Yusuf Al-‘Inaabi Al-Jazaa’iree – may Allah preserve him.
4th, Rabē’l Ākhar, 1438H.
Abu ‘Abdirrahman ‘Abdullaah bin Ahmed Ash-Shingaani.