Divorce of One who is not Mature yet and Divorce of One after Menopause

“There is the case of a man who divorces a girl who is not mature yet and the like of whom cannot become pregnant, but he has gone to bed with her and a woman after menopause when women of her condition cannot give birth. One of the two Imam, (abu Ja‘far or abu ‘ Abd Allah), ‘Alayhim al-Salam, has said, ‘There is no waiting period for them.’” Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn Hadid from Jamil ibn Darraj from certain persons of our people a similar Hadith.

“About the case of a girl whose likes do not experience Hayd (menses) and a woman after menopause abu ‘Abd Allah (a.s.), has said, ‘They do not need to count waiting period even if he has gone to bed with them.”’

“Abu Ja‘far (a.s.), has said, ‘A woman the like of whom cannot become pregnant does not need to count a waiting period.’”

“Abu ‘Abd Allah (a.s.), has said, ‘Three kinds of women can marry in all conditions: a woman who does not experience Hayd (menses) and alike whom women do not experience Hayd (menses).’ He (the narrator) has said that I then asked, ‘What is her limit?’ He (the Imam) said, ‘One who is less than nine years, one with whom he has not gone to bed and one after menopause and whose like do not experience Hayd (menses).’ I then asked, ‘What is the limit?’ He (the Imam) said, ‘It is when she becomes fifty years old.’”

“I once heard abu Ja‘far (a.s.), saying, ‘A woman after menopause if divorced becomes stranger to him and she does not need to count a waiting period.’” It is also narrated that if sexual intercourse has taken place with them there is a waiting period for them.

“Waiting period of those who do not experience Hayd (menses) and after menopause is three months and ibn Sama‘ah would follow it. He would say it is about slave-girls. They do not need Istibra’ (quarantine) if they have not become mature. The rules for free women are in the Quran as Allah, most Majestic, most Glorious, says, "... after menopause if you have doubts their waiting period is three months and those who do not experience Hayd (menses).’ Mu’awiyah ibn Hukaym would say, ‘They do not need to count waiting period and ibn Sama‘ah’s argument is based on ‘if you doubt ’ which is only when there is doubt about menopause. When she passes this limit and doubt is removed and that the girl has not reached the limit then waiting period does not apply to their case.’”