The Wisdom of the Waiting Period and the Waiting Period of a Woman Divorced During Post-Natal Bleeding
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The questioner:
If the wisdom behind the divorced woman remaining until she has three menstrual cycles is the confirmation that the womb is free of pregnancy, does the divorce of a woman experiencing post-natal bleeding not have a waiting period in this case, since the confirmation that the womb is free has already occurred?
The Shaykh:
The wisdom of the waiting period is not limited to ensuring the purity of the womb; rather, it has many rulings besides the purity of the womb. Therefore, a divorced woman who is not known to be pregnant, such as an elderly woman who does not bear children, is required to observe a waiting period of three months. Similarly, a young girl who has not yet reached the age of menstruation, if she is divorced, has a waiting period of three months. He, the Exalted and Majestic, said:[At-Talaq 65:4] So the wisdom of the waiting period is not merely knowing the purity of the womb, but it has other rulings, and Allah knows them best. And the generality of His saying, the Exalted: [Al-Baqarah 2:228]
The questioner:
Honorable Shaykh, may Allah grant you success.
The Shaykh:
Perhaps one of the greatest rulings in extending the waiting period is giving the divorcer the opportunity to take his wife back. This is also among the rulings: giving the divorcer the opportunity to take her back if he regrets and wishes to return to her.
If the wisdom behind the divorced woman remaining until she has three menstrual cycles is the confirmation that the womb is free of pregnancy, does the divorce of a woman experiencing post-natal bleeding not have a waiting period in this case, since the confirmation that the womb is free has already occurred?
The Shaykh:
The wisdom of the waiting period is not limited to ensuring the purity of the womb; rather, it has many rulings besides the purity of the womb. Therefore, a divorced woman who is not known to be pregnant, such as an elderly woman who does not bear children, is required to observe a waiting period of three months. Similarly, a young girl who has not yet reached the age of menstruation, if she is divorced, has a waiting period of three months. He, the Exalted and Majestic, said:
And those who no longer expect menstruation among your women - if you doubt, then their period is three months, and [also for] those who have not menstruated
وَاللَّائِي يَئِسْنَ مِنَ الْمَحِيضِ مِن نِّسَائِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَاثَةُ أَشْهُرٍ وَاللَّائِي لَمْ يَحِضْنَDivorced women remain in waiting for three periods
وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَاثَةَ قُرُوءٍThe questioner:
Honorable Shaykh, may Allah grant you success.
The Shaykh:
Perhaps one of the greatest rulings in extending the waiting period is giving the divorcer the opportunity to take his wife back. This is also among the rulings: giving the divorcer the opportunity to take her back if he regrets and wishes to return to her.
Source
قناة «العلامة الدكتور صالح الفوزان»، 010 من 123 / شرح كتاب زاد المستقنع / الطهارة / الحيض / صالح الفوزان / الفقه / كبار العلماء — youtube.com (1:00:25)
The Arabic text is a machine transcription of the audio recording.
