The Difference Between the Statement of Shaykh al-Islam and the Second Opinion Regarding the Waiting Period of the Divorced Woman

The questioner : So, the statement of Shaykh al-Islam regarding the one whose waiting period has ended is for the woman, but with a promise and a contract? Is the wife’s guardian present?

The Shaykh : No, without a contract. It is Shaykh al-Islam’s view: without a contract.

The questioner : Please proceed.

The Shaykh : Yes, indeed. Say before that, with a contract, it is as if a man is proposing to her now; if she wishes, she agrees to the proposal, and if she wishes, she refuses.

The questioner : Yes, this is the difference between it and the two brackets.

The Shaykh : The difference between them is that, according to the statement of Shaykh al-Islam, she does not need a contract or a mahr (bridal gift); if she chooses her husband, he is her husband.

The questioner : That is, the conditional one chooses.

The Shaykh : And according to the second opinion, a new contract is necessary, and she is not lawful to him even if she chooses, except with a new contract and a mahr.