Surat al-Talaq 65:4 says:
”And those of your women as have passed the age of monthly courses, for them the ‘Iddah (prescribed period), if you have doubts (about their periods), is three months, and for those who have no courses [(i.e. they are still immature) their ‘Iddah (prescribed period) is three months likewise, except in case of death]. And for those who are pregnant (whether they are divorced or their husbands are dead), their ‘Iddah (prescribed period) is until they deliver (their burdens), and whosoever fears Allah and keeps his duty to Him, He will make his matter easy for him.” Surah 65:4 – Hilali Khan Translation
The primary purpose of the waiting period (ʿiddah) is to determine whether a woman is pregnant, thereby clarifying who the father is. This verse of Quran 65:4 addresses situations in which menstruation does not occur. In the case of women who do menstruate, Qur’an 2:228 has already addressed the rulings. But in Quran 65:4, the crux of the ruling is that if a man wants to divorce his wife, she, if not pregnant, must wait three months before she engages in intercourse with another man. This is because it would become evident whether the woman who does not menstruation is actually pregnant, making this duration sufficient enough to know who the real father is. The structure of the verse is therefore clear: women for whom pregnancy is not ordinarily expected—either because they have passed the age of menstruation or have not yet begun menstruating—are instructed to wait three lunar months. In contrast, women who are already pregnant must observe their waiting period until childbirth. As for marriages that were not consummated, no waiting period is required, as stated in Qur’an 33:49:
Surah 33:49 – O believers! If you marry believing women and then divorce them before you touch them,1 they will have no waiting period for you to count,2 so give them a ˹suitable˺ compensation, and let them go graciously.
The concern becomes clear when we follow the logic carefully. If a waiting period is prescribed for those who have not yet begun menstruating, and if such a waiting period only applies after a marriage has been consummated and then dissolved, the implication is that some who had not reached puberty were married, engaged in sexual relations, and subsequently divorced. That conclusion raises profound ethical concerns, because sexual activity involving prepubescent minors is not only disgusting, but a violation of righteous morality.
Modern Scholars
20th century Mufti (an Islamic legal authority and scholar who is qualified to address and issue fatwas based on Sharia law), Mufti Muhammad Shafi‘, in his Tafsir Ma’ariful Qur’an, unashamedly admits this:
This procedure applies in the case of the women whose “iddah is calculated by menstrual cycles or clean cycles. It does not apply to women for whom waiting-period is not compulsory, as in the case of a woman who did not have privacy with her husband. If a man and a woman got married but they did not get together in privacy, “iddah is not necessary for her at all when she is divorced. Therefore, it is permissible to divorce such women during their monthly courses. Likewise, “iddah for a woman who does not menstruate on account of minority of age, or because she has attained menopausal age, is computed on monthly basis. Their “iddah is three months. Their menstrual or pure cycles are not taken into account. It is permissible to divorce them in any state, and even after having intercourse with them, as the forthcoming verses will clarify.
He is not alone. 20th century faqih (an expert in fiqh (Islamic jurisprudence) and Islamic law) Abul A’la al-Maududi, in his Tafhim al-Qur’an also admits this:
Here, one should bear in mind the fact that according to the explanations given in the Qur’an the question of the waiting period arises in respect of the women with whom marriage may have been consummated, for there is no waiting-period in case divorce is pronounced before the consummation of marriage. (Al-Ahzab 33:49). Therefore, making mention of the waiting-period for the girls who have not yet menstruated, clearly proves that it is not only permissible to give away the girl in marriage at this age but it is also permissible for the husband to consummate marriage with her. Now, obviously no Muslim has the right to forbid a thing which the Qur’an has held as permissible.
Sayyid Abul Ala Maududi – Tafhim al-Qur’an – The Meaning of the Qur’an, footnote 13 on 65:4.
Tafsirs – The classical interpretation of 65:4
Al-Bukhari:
Narrated Sahl bin Sad:
While we were sitting in the company of the Prophet a woman came to him and presented herself (for marriage) to him. The Prophet looked at her, lowering his eyes and raising them, but did not give a reply. One of his companions said, “Marry her to me O Allah’s Apostle!” The Prophet asked (him), “Have you got anything?” He said, “I have got nothing.” The Prophet said, “Not even an iron ring?” He said, “Not even an iron ring, but I will tear my garment into two halves and give her one half and keep the other half.” The Prophet; said, “No. Do you know some of the Quran (by heart)?” He said, “Yes.” The Prophet said, “Go, I have agreed to marry her to you with what you know of the Qur’an (as her Mahr).” ‘And for those who have no courses (i.e. they are still immature). (65.4) AND THE ‘IDDAT FOR THE GIRL BEFORE PUBERTY IS THREE MONTHS (in the above Verse). (Sahih al-Bukhari, Volume 7, Book 62, Number 63[Unfortunately, some websites like sunnah.com don’t have Bukhari’s comment on this hadith.]
CCCLXXXIV: The Tafsir of Surat at-Talaq
Mujahid said that “if you have any doubt” (65:4) means “if you do not know whether she menstruates or not.” The ‘idda of women who do not longer menstruate and those who have not yet I menstruated is three months. …
(Sahih Al-Bukhari, Chapter 68: Book of Tafsir; English translation by Aisha Bewley)
XXXIX. A man giving his young children in marriage
By the words of Allah, “that also applies to those who have not yet menstruated” (65:4) and He made the ‘idda of a girl before puberty three months.
4840. It is related from ‘A’isha that the Prophet, may Allah bless him and grant him peace, married her when she was six years old and consummated it when she was nine, and she was his wife for nine years.
(Sahih Al-Bukhari, Chapter 70: Book of Marriage; English translation by Aisha Bewley)
In his commentary, Muhammad al-Bukhari cites the marriage of Aisha bint Abi Bakr when she was 9 to Muhammad when he was 54 as an illustration of Qur’an 65:4. For the example of Aisha to function in that interpretive framework, it would require the premise that her marriage was consummated before she had reached puberty.
Ibn Hajar al-Asqalani
“and those who haven’t menstruated yet: He made the waiting period (‘idda) three months [for those who] haven’t menstruated yet, which indicates that giving her into marriage before puberty is permissible.”
Fath al-Bari [the most authoritative commentary on Sahih Al-Bukhari] (Arabic source)
Tafsir Ibn Kathir
Allah the Exalted clarifies the waiting period of the woman in menopause. And that is the one whose menstruation has stopped due to her older age. Her `Iddah is three months instead of the three monthly cycles for those who menstruate, which is based upon the Ayah in (Surat) Al-Baqarah. [see 2:228] The same for the young, who have not reached the years of menstruation. Their `Iddah is three months like those in menopause…(Those in menopause among your women, for them the `Iddah, if you have doubt, is three months; and for those who have no courses. And for those who are pregnant, their `Iddah is until they lay down their burden.) Ibn Abi Hatim recorded a simpler narration than this one from Ubay bin Ka`b who said, “O Allah’s Messenger! When the Ayah in Surat Al-Baqarah was revealed prescribing the `Iddah of divorce, some people in Al-Madinah said, `There are still some women whose `Iddah has not been mentioned in the Qur’an. There are the young, the old whose menstruation is discontinued, and the pregnant.’ Later on, this Ayah was revealed, (Tafsir on 65:4)
(divorce them at their `Iddah), “The `Iddah is made up of cleanliness and the menstrual period.” So he divorces her while it is clear that she is pregnant, or he does not due to having sex, or since he does not know if she is pregnant or not. This is why the scholars said that there are two types of divorce, one that conforms to the Sunnah and another innovated. The divorce that conforms to the Sunnah is one where the husband pronounces one divorce to his wife when she is not having her menses and without having had sexual intercourse with her after the menses ended. One could divorce his wife when it is clear that she is pregnant. As for the innovated divorce, it occurs when one divorces his wife when she is having her menses, or after the menses ends, has sexual intercourse with her and then divorces her, even though he does not know if she became pregnant or not. There is a third type of divorce, which is neither a Sunnah nor an innovation where one divorces a young wife who has not begun to have menses, the wife who is beyond the age of having menses, and divorcing one’s wife before the marriage was consummated. (Tafsir on 65:1)
Tafsir al-Jalalayn
And [as for] those of your women who (read allā’ī or allā’i in both instances) no longer expect to menstruate, if you have any doubts, about their waiting period, their prescribed [waiting] period shall be three months, and [also for] those who have not yet menstruated, because of their young age, their period shall [also] be three months — both cases apply to other than those whose spouses have died; for these [latter] their period is prescribed in the verse: they shall wait by themselves for four months and ten [days] [Q. 2:234]…(Tafsir on 65:4)
Tafsir Al-Tabari
The interpretation of the verse “And those of your women as have passed the age of monthly courses, for them the ‘Iddah (prescribed period), if you have doubt (about their periods), is three months; and for those who have no courses [(i.e. they are still immature) their ‘Iddah (prescribed period) is three months likewise”. He said: The same applies to the ‘idaah for girls who do not menstruate because they are too young, if their husbands divorce them after consummating the marriage with them. (Tafsir al-Tabari, Vol.14/142)
It was narrated on the authority of Al-Husayn, who said: I heard Abu Muadh say: Ubayd narrated to us, who said: I heard Ad-Dahhak say regarding His statement, And those who have despaired of menstruation… theverse, he said: The women who have passed the ageof menstruation. And those who have not menstruated: They have not reached the age of menstruation, but have touched the earth. Their waiting period is three months. (Tafsir Al-Qur’an – Volume 30 – p.300)
Fath al-Qadir
4- “And those of your women who have despaired of menstruation” They are the adults whose menstruation has stopped and have despaired of it. “If you are in doubt That is, you are suspicious and do not know how to complete their waiting period, Their waiting period is three months. And those who have not menstruated” Because they are young and have not reached the age of menstruation. That is, their waiting period is three months. (Tafsir Al-Qur’an – Volume 30 – p.305)
Tafsir al-Baghawi
“And those who have not menstruated,” meaningyoung girls who have not menstruated, their waiting period is also three months. (Tafsir Al-Qur’an – Volume 30 – p.305)
Tanwîr al-Miqbâs min Tafsîr Ibn ‘Abbâs
(And for such of your women as despair of menstruation) because of old age, (if ye doubt) about their waiting period, (their period (of waiting) shall be three months) upon which another man asked: “O Messenger of Allah! What about the waiting period of those who do not have menstruation because they are too young?” (along with those who have it not) because of young age, their waiting period is three months. (Tafsir on 65:4)
Asbab Al-Nuzul by Al-Wahidi
(And for such of your women as despair of menstruation…) [65:4]. Said Muqatil: “When the verse (Women who are divorced shall wait, keeping themselves apart…), Kallad ibn al-Nu‘man ibn Qays al-Ansari said: ‘O Messenger of Allah, what is the waiting period of the woman who does not menstruate and the woman who has not menstruated yet? And what is the waiting period of the pregnant woman?’ And so Allah, exalted is He, revealed this verse”. Abu Ishaq al-Muqri’ informed us> Muhammad ibn ‘Abd Allah ibn Hamdun> Makki ibn ‘Abdan> Abu’l-Azhar> Asbat ibn Muhammad> Mutarrif> Abu ‘Uthman ‘Amr ibn Salim who said: “When the waiting period for divorced and widowed women was mentioned in Surah al-Baqarah, Ubayy ibn Ka‘b said: ‘O Messenger of Allah, some women of Medina are saying: there are other women who have not been mentioned!’ He asked him: ‘And who are they?’ He said: ‘Those who are too young [such that they have not started menstruating yet], those who are too old [whose menstruation has stopped] and those who are pregnant’. And so this verse (And for such of your women as despair of menstruation…) was revealed”. (Tafsir on 65:4)
Tafsir al-Kabir by Ar-Razi
{and those who have not menstruated yet} A man stood and asked: ‘O messenger of Allah, what is the period (Iddah) of the young girl who has not yet menstruated?’ Then Allah revealed {and those who have not menstruated yet}, meaning that her Iddah is like the old-aged woman who reached her menopause. (Arabic Source; translation by Mutee’a Al-Fadi)
Tafsir Al-Qurtubi
God the Almighty said, And for those who have not menstruated – meaning the young girl – their waiting period is three months, so He implied the report. Her waiting period is in months because there is no menstruation during her waiting period. God the Almighty made the rulings based on customs, so she observes her waiting period by months. So if she sees blood during a time when it is possible for women, she switches to blood because the original principle exists. And if the original principle exists, then the substitute has no ruling. This is similar to the case with an elderly woman who observes her waiting period by blood, then her customs change to months. This is agreed upon. (Tafsir Al-Qur’an – Volume 30 – p.303)
Here, the word translated as “young” is الصغيرة (as-ṣaghīrah). In Arabic, this term refers to a minor female’s age—specifically, a girl who has not yet reached puberty. Here’s a dictionary (source) which gives the English meanings as “small, little, tiny, smaller, young, small-scale, minor, baby” hence why Qurtubi specifies that it is not possible for her to see blood like woman meaning yet.
Tafsir al-Qur’an by Al-Fayrooz Abadi
When God clarified the waiting period for women who menstruate, Muʿadh stood and said: “O Messenger of God, what about the waiting period of women who have despaired of menstruation?” So it was revealed: “And those who have despaired of menstruation among your women”—due to old age—“if you are in doubt, their waiting period is three months.”
Then another man stood and said: “O Messenger of God, what about those who have not menstruated due to youth—what is their waiting period?” So it was revealed: “And those who have not menstruated”—due to youth—their waiting period is likewise three months.
Then another man stood and said: “O Messenger of God, what is the waiting period for pregnant women?” So it was revealed: “And those who are pregnant—their term is until they deliver their burden.”
Al-Zamakshari
“And those who have not menstruated”—they are the young girls. (Tafsir on 65:4)
As-Suyuti
ʿAbd ibn Humayd reported from Qatadah concerning: “And those who have despaired of menstruation among your women, if you are in doubt, their waiting period is three months.” He said: These are the women who have ceased menstruating. “And those who have not menstruated”—they are the young virgin girls who have not yet reached menstruation; their waiting period is three months. “And those who are pregnant, their term is until they deliver.” When the womb has expelled what is in it, her waiting period is complete. (Tafsir on 65:4)