In the name of Allah, the Most Gracious, the Most Merciful. All praise is due to Allah. I bear witness that there is no god but Allah, alone, without partner, and I bear witness that Muhammad is His servant and Messenger ﷺ.
This is a summary of what was presented in the audio segment of the debate of Imam al-Shafi’i, may Allah have mercy on him, on the question of the “aqra’” in the saying of the Exalted: “Divorced women remain in waiting for three periods” (al-Baqarah 2:228), focusing on the arguments of both sides and how to weigh between them, and clarifying the important aspects:
The question of the aqra’:
The subject of this segment is a debate of Imam al-Shafi’i on the interpretation of the word “quru’” in the noble verse, since the Companions and the scholars differed over its meaning: is it menstruations or periods of purity? Imam al-Shafi’i shows how to weigh between these two views.
The main points Imam al-Shafi’i addressed in this debate:
- The disagreement over the meaning of “aqra’”: Imam al-Shafi’i shows that there is disagreement among the Companions and the scholars over the meaning of “aqra’”: some of them (such as ‘A’ishah, Zayd ibn Thabit, and Ibn ‘Umar) hold that they are the periods of purity, and some of them (such as Abu Bakr, ‘Umar, ‘Uthman, ‘Ali, Ibn Mas’ud, and others) hold that they are the menstruations.
- Agreement that the “aqra’” are times: Imam al-Shafi’i clarifies that there is agreement that the “aqra’” are times, but the disagreement is over identifying these times: are they the times of menstruation or the times of purity?
- The argument of those who said they are menstruations: Imam al-Shafi’i sets out the arguments of those who said the “aqra’” are menstruations, the most important of which are:
- The saying of the Prophet ﷺ, “Leave off the prayer during the days of your aqra’”: This hadith is an explicit text using the word “aqra’” in the sense of menstruation.
- The hadith “The waiting period of a slave woman is two menstruations”: This hadith shows that the waiting period is counted by menstruations.
- The apparent meaning of the Qur’an: If we say the “aqra’” are periods of purity, then the divorced woman may not complete three full periods of purity, but rather two and a moment of the third, and this contradicts the apparent meaning of the Qur’an, which requires three complete ones.
- Interpreting “for their waiting period” as the commencement of the waiting period: It is shown that the meaning of the saying of the Exalted, “When you divorce women, divorce them for [the commencement of] their waiting period” (al-Talaq 65:1), is: at the commencement of their waiting period, and this is only achieved if the divorce takes place in a period of purity in which he has not had intercourse with her, so that she begins the waiting period with the first menstruation.
- The argument of those who said they are periods of purity: Imam al-Shafi’i sets out the argument of those who said the “aqra’” are periods of purity, which is that “time” is applied to the boundary separating two things, like the new crescent that separates the months, and menstruation is the boundary separating two periods of purity, so it is what is meant by qur’.
- The response to the argument of those who said they are periods of purity: Imam al-Shafi’i responds to this argument by saying that the Prophet’s ﷺ use of the word “aqra’” in the sense of menstruation in the hadith “Leave off the prayer during the days of your aqra’” takes precedence over this linguistic preference. He also shows that a “time” may be part of the thing, like the elbow, which is part of the arm, so menstruation can be part of the waiting period.
- Weighing between the two views: Imam al-Shafi’i considers more correct the view that the “aqra’” are menstruations, because of the strength of the legal proofs that support it, and because this view agrees with the apparent meaning of the Qur’an.
- The question of the divorced woman who does not menstruate: Imam al-Shafi’i shows that if the divorced woman’s time becomes long and she does not menstruate, she observes the waiting period in months, and this is agreed upon between the two views.
- Responding to those who said that bathing after the third menstruation is required: Imam al-Shafi’i responds to those who said that bathing after the third menstruation is required for the waiting period to end, showing that the waiting period ends when the blood of the third menstruation stops, and bathing is not a condition.
- Explaining how to weigh between views: Imam al-Shafi’i shows that weighing between views is done by looking at the strength of the legal proofs, their agreement with the apparent meaning of the Qur’an, and the Prophet’s ﷺ usage of words.
Additional clarifications:
- Aqra’: the plural of “qur’”, a word shared between the meanings of menstruation and purity.
- ‘Iddah (waiting period): the period the divorced woman must wait before marrying another man.
- Revocable divorce (talaq raj’i): divorce in which the husband may take his wife back during the waiting period.
- Irrevocable divorce (talaq ba’in): divorce in which the husband may not take his wife back except by a new contract.
Final conclusion:
In this debate Imam al-Shafi’i shows the disagreement over the meaning of the “aqra’”, and considers more correct the view that they are menstruations, because of the strength of the legal proofs that support it. He clarifies how to weigh between conflicting views, stressing the importance of looking at the legal proofs, the apparent meaning of the Qur’an, and the Prophet’s ﷺ usage of words. This segment displays Imam al-Shafi’i’s skill in debate, inference, and weighing between proofs and opinions.
All parts of Summary of the Explanation of al-Shafi'i's al-Risala by Dr. Yasir Burhami