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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on proposing to a woman who is still in her waiting period?

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The questioner : He says: According to the Maliki school, the Malikis support the prohibition between a woman and her husband if he marries her during the waiting period, whether the contract was concluded during the waiting period and the consummation occurred afterward, or the consummation occurred during the waiting period.

The Shaykh : In this issue, some have reported approximately thirty opinions. What is the basis for their statement and its correctness? This issue returns to the judge's independent legal reasoning. It is known that proposing to a woman during the waiting period is forbidden, except to a husband for whom it is permissible. Do you understand? If he proposes to her during the waiting period, some scholars hold that he should be prevented from doing so as a discretionary punishment, and she should be made permanently forbidden to him. This returns to the judge if he sees that he should prevent him from it permanently; there is no harm in that. However, according to the Shari'ah, it is not so, because if he proposes during the waiting period, it is forbidden for him. But when the waiting period ends, he is like any other suitor.

Another questioner : What indicates it? What does it relate to?

The Shaykh : Yes, it relates to it. The Maliki school, as you have reported, I do not know about it that she does not become lawful to him; she is forbidden to him permanently.
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 17 - 332 ما حكم خطبة المرأة وهي لا تزال في العدة؟ الفتاوى الثلاثية - ابن عثيمين — youtube.com

The Arabic text is a machine transcription of the audio recording.

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