Clarification of the Waiting Period of the Divorced Woman, and the Ruling on Her Leaving Her House, if Her Divorce is Revocable

Question :

A questioner is asking: I request an explanation of the waiting period of the divorced woman; and is the divorced woman whose divorce is revocable required to stay in the house of her husband, or go to the house of her father until her husband takes her back?

Answer:

It is incumbent upon the divorced woman, whose divorce is revocable, to remain in the house of her husband. And it is forbidden for her husband to remove her from it, according to the Words of Allah, Most High:
"And turn them not out of their (husband's) homes nor shall they (themselves) leave, except in case they are guilty of some open illegal sexual intercourse. And those are the set limits of Allah."

And whosoever transgresses the set limits of Allah, then indeed he has wronged himself.

The custom of the people now, regarding the woman whose divorce is revocable going straight to her family's house, is wrong and forbidden, because Allah, says:
"And those are the set limits of Allah. And whosoever transgresses the set limits of Allah, then indeed he has wronged himself."

He did not exclude any cases from this, except when they are guilty of some open illegal sexual intercourse. Then after that He said:
"And those are the set limits of Allah. And whosoever transgresses the set limits of Allah, then indeed he has wronged himself."

Then He explained the wisdom behind the obligation of her remaining in her husband's house in His Words:

"You (the one who divorces his wife) know not it may be that Allah will afterward bring some new thing to pass (ie. to return her back to you if that was the first or second divorce)"

So it is an obligation upon the Muslims to observe the limits ordained by Allah and to hold fast to what He has commanded them. He may not follow customs as a path which contradict. legislated matters.

The important thing is that it is incumbent upon us to be careful in this matter, and it is incumbent upon the woman whose divorce is revocable to remain in the house of her husband until her waiting period is over.

In this situation while she remains in her husband's house- she may unveil herself before him, adorn, beautify herself, wear perfume, speak to him, and he may speak to her, and she may sit with him, and do everything except take pleasure in sexual intercourse. This is because it can only take place after she has returned to him and he may return her to him by speech, by saying: "I have taken back my wife." He may return her by action, by having sexual intercourse with her, with the intention of returning her to him.

As for the waiting period of the divorced woman, we say that if the woman was divorced before sexual intercourse and seclusion took place, and before seclusion and touching took place, then there is no waiting period incumbent upon her in any circumstance. Simply by his divorcing her, she is separated from him, and she is permissible for another man.

But if he has had intercourse with her, and was secluded with her, then she must observe the waiting period. Her waiting period falls into one of the following categories:

First. If she is pregnant, then it is until she delivers the baby, whether the length of time is protracted or shortened. He might divorce her in the morning and she might deliver her child before noon and her waiting period would be over. Or, he might divorce her in the month of Muharram and she might not deliver until the month of Thul-Hijjah, and so she will remain in the waiting period for twelve months. What is important is that the waiting period of the pregnant woman lasts until she delivers her child, in all circumstances, based upon the Words of Allah, Most High:
"And for those who are pregnant (whether they are divorced or their husbands are dead), their 'Iddah (prescribed period) is untilThe Book of Al-'Iddah they lay down their burden."

Second. If she is not pregnant and she is still menstruating, then her waiting period is three complete menstrual periods following the divorce. This means that she has a period, then becomes purified, then has a period, then becomes purified, then has a period and then becomes purified. These are three complete menstrual periods whether the time between them is. protracted or not. Based upon this, if he divorces her while. she is breast-feeding, and she does not have a menstrual period until after two years, then she remains in her waiting period until she has three menstrual periods. So based upon that, she would remain for two years or more. The important thing is that whoever is menstruating, her waiting period is three complete menstrual periods, whether the duration is long or short, based upon the Words of Allah, Most High:
"And divorced women shall wait (as regards their marriage) for three menstrual periods."

Third. One who does not menstruate whether due to youth or due to advanced age causing her to stop menstruating - her waiting period is for three months, according to the Words of Allah, Most High:
"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)."

Fourth.If her periods have stopped for some reason, and it is known that they will not return, such as when her womb is surgically removed, then she is like one who no longer menstruates and she waits for three months.

Fifth. One whose menstrual periods have stopped and she knows what has caused them to stop, then as we have said, she waits until the thing which stopped them has departed and her periods return, then she observes the waiting period according to it.

Sixth. If her periods stop and she does not know what has stopped them, then the scholars say that she should observe a waiting period for a whole year nine months for pregnancy and three months for the waiting period.

These are the different types of divorced woman.

As for the one whose marriage is annulled by Al-Khul' or anything else, it is enough for her to wait for one menstrual period. Then if the husband frees her by Al-Khul' meaning that her marriage is annulled by her or her guardian paying him a sum of money on the understanding that he will part from her, based upon this payment, it is enough for her to wait for one menstrual period. And Allah is the Granter of success.