He divorced her and sent the letter a year after his departure
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Fatwa number ( 19954 )
Q: He married a woman in his hometown, and after consummating the marriage and a period exceeding two months had passed, he traveled. After that, it became clear to him that the woman was not fit to be a wife—according to his statement—so he divorced her and sent the divorce letter a year after his departure from the town where his wife was. The question is: Is the divorced woman required to wait until the end of the waiting period, or can she marry immediately after the divorce letter reaches her? Knowing that the husband has not had intercourse with her since his departure a year ago, as we mentioned, we hope, O honorable Shaykh, that you will issue a ruling for us. May Allah benefit Islam and the Muslims with your knowledge.
A: The waiting period begins from the date the divorce is issued by the husband, not from the arrival of the divorce letter. Therefore, it is not permissible for her to marry until after three menstrual cycles following the occurrence of the divorce, if she is one who menstruates, or until three months have passed from the occurrence of the divorce, if she is one who does not menstruate, or until she gives birth, if she is pregnant; based on His saying
the Exalted:[Al-Baqarah 2:228] and the periods: menstruation, and His saying the Exalted: [At-Talaq 65:4] and success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: He married a woman in his hometown, and after consummating the marriage and a period exceeding two months had passed, he traveled. After that, it became clear to him that the woman was not fit to be a wife—according to his statement—so he divorced her and sent the divorce letter a year after his departure from the town where his wife was. The question is: Is the divorced woman required to wait until the end of the waiting period, or can she marry immediately after the divorce letter reaches her? Knowing that the husband has not had intercourse with her since his departure a year ago, as we mentioned, we hope, O honorable Shaykh, that you will issue a ruling for us. May Allah benefit Islam and the Muslims with your knowledge.
A: The waiting period begins from the date the divorce is issued by the husband, not from the arrival of the divorce letter. Therefore, it is not permissible for her to marry until after three menstrual cycles following the occurrence of the divorce, if she is one who menstruates, or until three months have passed from the occurrence of the divorce, if she is one who does not menstruate, or until she gives birth, if she is pregnant; based on His saying
the Exalted:
Divorced women remain in waiting for three periods
وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلاثَةَ قُرُوءٍAnd 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. And for those who are pregnant, their term is until they give birth
وَاللائِي يَئِسْنَ مِنَ الْمَحِيضِ مِنْ نِسَائِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلاثَةُ أَشْهُرٍ وَاللائِي لَمْ يَحِضْنَ وَأُولاتُ الأَحْمَالِ أَجَلُهُنَّ أَنْ يَضَعْنَ حَمْلَهُنَّ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.