What is the ruling if a man divorces his wife and she stays with her family for a year, then he wants to take her back, but her family conditions that he pay them a sum of money, and he agrees to the condition and takes her back without a new contract?
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The questioner : He says: I am a man married to a woman, and we lived a happy, peaceful life until her family intervened to create discord and problems between us. I tried to resolve all the disputes and problems, so whenever her family took her away, I would go and appease her, then bring her back to my home with me, and so on, until I grew tired of the many problems and disputes. So I divorced her with one divorce. Because of that, she went to her family and stayed with them for a year. Since the desire for each other remained, I consulted her family about taking her back, and they agreed in exchange for a sum of money that they specified, and I agreed to it. I actually paid the money and took her back without a new contract. Is there anything required of me in this, or not?
The Shaykh : As for this woman whom you divorced and who stayed with her family for a year, if her waiting period has ended, then it is obligatory that you contract a new marriage with her. If her waiting period has not ended, then it is sufficient to take her back without a new contract. The listener might ask how she could stay for a year and her waiting period not have ended. I say, yes, that is possible. It is possible that she was pregnant and had not yet given birth. It is possible that she was breastfeeding, and a nursing woman usually does not menstruate. For those who menstruate, completing the waiting period requires three full menstrual cycles. If she has not yet menstruated, she waits until menstruation comes, until she weans the child and menstruation returns, and she menstruates three times. As for what is common among the general public that the waiting period after divorce is three months absolutely, for a woman who is not pregnant, this is not based on a correct principle. Rather, the waiting period of three months is for a woman who is not pregnant but does not menstruate due to youth, old age, or another reason. The important point is that the three months do not constitute a waiting period except for one who does not menstruate. As for one who menstruates, her waiting period is three menstrual cycles, meaning three periods, even if the duration is long. Accordingly, if her menstruation stops due to illness, breastfeeding, or something similar, she waits until menstruation returns after the cause is removed, and she observes the waiting period with it. If the cause preventing menstruation is removed and menstruation does not return, there is a difference of opinion among the scholars: does she wait until she reaches the age of menopause, or does she wait for the waiting period of a widow from the time the cause ceases? Yes.
The questioner : Suppose this woman’s delivery was normal, meaning she is not breastfeeding and not pregnant, and she menstruated every month. In this case, has she exited the waiting period?
The Shaykh : Yes, in this case, if she menstruated...
The questioner : Yes.
The Shaykh : Yes.
The questioner : And is it not permissible for him except with a new contract?
The Shaykh : Yes, if she menstruated once every month.
The questioner : Yes.
The Shaykh : And if this divorced woman had menstruated three times, then she is not lawful for him except with a contract. This is if the divorce that occurred from him was not the third of three divorces, as is apparent from his question, for the apparent situation is that he had not divorced her twice before this.
The questioner : Yes, it appears so.
The Shaykh : As for this woman whom you divorced and who stayed with her family for a year, if her waiting period has ended, then it is obligatory that you contract a new marriage with her. If her waiting period has not ended, then it is sufficient to take her back without a new contract. The listener might ask how she could stay for a year and her waiting period not have ended. I say, yes, that is possible. It is possible that she was pregnant and had not yet given birth. It is possible that she was breastfeeding, and a nursing woman usually does not menstruate. For those who menstruate, completing the waiting period requires three full menstrual cycles. If she has not yet menstruated, she waits until menstruation comes, until she weans the child and menstruation returns, and she menstruates three times. As for what is common among the general public that the waiting period after divorce is three months absolutely, for a woman who is not pregnant, this is not based on a correct principle. Rather, the waiting period of three months is for a woman who is not pregnant but does not menstruate due to youth, old age, or another reason. The important point is that the three months do not constitute a waiting period except for one who does not menstruate. As for one who menstruates, her waiting period is three menstrual cycles, meaning three periods, even if the duration is long. Accordingly, if her menstruation stops due to illness, breastfeeding, or something similar, she waits until menstruation returns after the cause is removed, and she observes the waiting period with it. If the cause preventing menstruation is removed and menstruation does not return, there is a difference of opinion among the scholars: does she wait until she reaches the age of menopause, or does she wait for the waiting period of a widow from the time the cause ceases? Yes.
The questioner : Suppose this woman’s delivery was normal, meaning she is not breastfeeding and not pregnant, and she menstruated every month. In this case, has she exited the waiting period?
The Shaykh : Yes, in this case, if she menstruated...
The questioner : Yes.
The Shaykh : Yes.
The questioner : And is it not permissible for him except with a new contract?
The Shaykh : Yes, if she menstruated once every month.
The questioner : Yes.
The Shaykh : And if this divorced woman had menstruated three times, then she is not lawful for him except with a contract. This is if the divorce that occurred from him was not the third of three divorces, as is apparent from his question, for the apparent situation is that he had not divorced her twice before this.
The questioner : Yes, it appears so.