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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on contracting marriage with a woman who is still in the waiting period after divorce?

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The questioner : He said: There was a married woman, and a quarrel occurred between her and her husband, so she left his home angry with him and stayed with her family for a year and a half without a divorce. Then he went to her husband and told him of his desire to marry her if he divorced her. Three days after he went to him, he divorced her for his sake. After fifteen days had passed from her divorce, he contracted marriage with her before the end of the waiting period. What is the ruling on this action, and on the marriage contract at this time?

The Shaykh : The ruling on this action is that it is not befitting for a person to go to a man and ask him to divorce his wife for him. As for the divorce of her husband from her, it is valid, because he was not forced to do it, but it occurred by his own choice. As for the second man marrying her before the waiting period was completed, it is an invalid marriage that is not valid, due to the saying of Allah the Exalted:
And do not determine to undertake a marriage contract until the decreed period reaches its end وَلا تَعْزِمُوا عُقْدَةَ النِّكَاحِ حَتَّى يَبْلُغَ الْكِتَابُ أَجَلَهُ
[Al-Baqarah 2:235]
. Accordingly, there is no marriage between her and this man who married her while she was in the waiting period. It is obligatory to separate them, and she should go to her family. Then, when her waiting period ends, he is a suitor like any other suitor; if she wishes, she may marry him, and if she wishes, she may not marry him.

The questioner : May Allah reward you.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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