The Rules for the Waiting Period of a Divorced Woman.

The Shaykh : Likewise, if he divorces her during a period of purity in which he had intercourse with her, and she is a woman who menstruates and is not pregnant, then the divorce is forbidden. This is because if he divorces her after having intercourse with her in that period of purity, it is not known whether she may have become pregnant from him. In that case, we do not know whether he divorced her for the waiting period of menstruation or for the waiting period of pregnancy.
Is a divorce during pregnancy valid or not? It is strange that some of the common people think that a divorce during pregnancy is not valid, and I do not know where they got this idea from! A divorce during pregnancy is valid. Even if a man has intercourse with his wife while she is pregnant and divorces her before performing the ritual bath from major ritual impurity, the divorce is valid. Therefore, the divorce of a pregnant woman is the most certain type of divorce in terms of validity, and a waiting period is required. That is, if the divorce is completed, a waiting period is required. So what is the waiting period? If a man has entered into marriage with his wife or had seclusion with her, and she is a woman who menstruates, her waiting period is three menstrual cycles. Listen, O heedless one: for a woman who menstruates, it is three menstrual cycles, whether the duration is long or short. If a woman does not menstruate except once every two months, what is her waiting period? How long? Six months. And if a woman is breastfeeding, and the custom is that a nursing woman does not menstruate until she weans the child, and she continues to nurse this child for two years, what is the waiting period? The waiting period is two years, and after she menstruates, she observes a waiting period of three menstrual cycles.
Most people, unfortunately, think that the waiting period after divorce is three months, whether she menstruates or not. This is a mistake. The waiting period of three months applies to two categories of women, which Allah the Mighty and Majestic mentioned in Surat al-Talaq, saying: How long? Three months, and those who have not menstruated. So there are two categories: the woman who has despaired of menstruation, either due to old age, or because she had a surgery to remove her uterus, or for other reasons. The point is that she has despaired of menstruation; her waiting period is three months. This means: the young girls who have not yet started menstruating; what is their waiting period? Three months. So we say—and pay attention to the rules: if a divorced woman’s separation occurred before entry into marriage and seclusion, she has no waiting period. If it was before entry and seclusion, she has no waiting period. For example: a man contracted marriage with a woman, and entry was delayed, then he decided to divorce her before entering with her and before having seclusion with her. Does she have a waiting period? No, based on the saying of Allah, Blessed and Exalted is He: She has no waiting period. The second category: he divorced her while she was pregnant; her waiting period is until the delivery of the pregnancy, whether the duration is long or short, based on the saying of Allah the Exalted: The third: a woman who menstruates; what is her waiting period? Three menstrual cycles, whether the duration is long or short. The fourth: a woman who is divorced while she does not menstruate due to youth or menopause; her waiting period is three months.
As for the woman observing a waiting period due to death, there are only two categories: pregnant and not pregnant. The waiting period for the pregnant woman is until the delivery of the pregnancy. The waiting period for the non-pregnant woman is four months and ten days. The period begins from the death of the husband, even if his burial is delayed for days; the waiting period is from the time he died, based on the saying of Allah the Exalted: And He leaves her—meaning: He leaves her—from the time he dies. So how many categories are there for a woman separated by death? Two categories. If she is pregnant, her waiting period is until the delivery of the pregnancy. If she is not pregnant, her waiting period is four months and ten days. Good.
Suppose a man did not enter with his wife and did not have seclusion with her. He married a woman, contracted the marriage, and then died before entering with her. Does she observe a waiting period or not? She observes a waiting period. This is different from divorce. Look, glory to Allah! In the case of death, she observes a waiting period even if he did not enter with her. So if he contracted marriage with a woman while he was in Makkah and the woman was in Madinah, and then he died on the way, what is required of his wife in Madinah? She must observe a waiting period, based on the saying of Allah the Exalted: Good. If she is pregnant and her husband dies, what is her waiting period until? Until the delivery of the pregnancy. Good.
A man died, and his wife was in labor, in the process of giving birth, and then she delivered before he was buried. Did her waiting period end or not? Her waiting period and her mourning period ended; nothing remains. Based on the saying of Allah the Exalted: And this is indicated by the fact that a woman in the time of the Prophet (peace and blessings be upon him), who was Subay'ah al-Aslamiyyah (may Allah be pleased with her), lost her husband, and then she gave birth a few nights later. A man named Abu al-Sanabil ibn Ba'akk entered upon her and saw her preparing to receive suitors. He said to her: Why is this? You cannot marry until four months and ten days have passed for you, and she had only given birth a few nights ago. When Abu al-Sanabil said this to her, she (may Allah be pleased with her) went to the Messenger (peace and blessings be upon him) and informed him that she had given birth, and that this man had told her: You cannot marry until after four months and ten days. He said to her: "He lied" means he made a mistake. "Lied" in the language of the Hijazis in the time of the Messenger (peace and blessings be upon him) means he made a mistake. That is, the man made a mistake. And she did not stay but a few nights. So how many categories are there for the waiting period? Hmm? No, only two categories: either she is pregnant, and her waiting period is until the delivery of the pregnancy, or she is not pregnant, and her waiting period is four months and ten days. Starting from when? From the death of her husband, not from his burial, and not from her learning of his death. From his death, four months and ten days are calculated.
Good. And how are the months calculated? Is each month calculated as thirty days, or four months even if the month is twenty-nine days? The latter. Because Allah said: So if it turns out that the first, second, and third months are short, how much is deducted from thirty? Three days. The criterion is the months, not the days, because Allah says: And the criterion is the lunar months.
Then, marriage entails financial maintenance. Financial maintenance from the husband to the wife. So it is obligatory for the husband to provide for his wife from the time he takes her, meaning: from the time he enters with her. Does he provide for her as a rich person, a poor person, or a middle-class person? According to his circumstances. Allah the Mighty and Majestic said: So if a rich woman marries a poor man and says to him: Bring me gold, bring me the finest clothes, house me in the best palaces, is he required to do that or not? Answer, everyone? The woman is rich and the man is poor. Is he required to bring what she asks for? He is not required to. Good. And if a poor woman marries a rich man and says: Give me jewelry, bring me jewelry, bring me clothes.
So he said to her: You are the daughter of poor people. You do not have fine clothes or jewelry at your family’s home, and you live in a shabby house.
Does he agree with this statement? No, we say: You are a rich man, may Allah enrich you. And Allah the Mighty and Majestic said: If the husband does not fulfill the obligatory maintenance required of him, does the woman have the right to demand it from him? The answer is: Yes, it is her right. If he fulfills the obligation, fine; otherwise, she has the right to annul the marriage. She has the right to annul the marriage, because the man neglected and did not fulfill what is obligatory upon him, so she has the right to annul the marriage. Good. If the woman does not fulfill the rights of her husband, and if she does fulfill them, she does so reluctantly, with dislike and reluctance, does he have the right to withhold maintenance from her? Yes, give and take. Therefore, if the husband does not provide for her, she has the right to prevent him even from the bed: If he fulfills her rights, she must fulfill his rights. If he does not fulfill her rights, she is not required to. And if she fulfills his rights, he must fulfill her rights. If she does not fulfill his rights, he is not required to fulfill her rights. It is mutual. Some people, may Allah protect us from that, humiliate the woman to the utmost extent. He does not speak to her and does not pay attention to her, and she is to him like a servant, one of the worst servants. And this, by Allah, is not permissible. It is absolutely not permissible. Did you not know that your Prophet Muhammad (peace and blessings be upon him) used to say: Did you not know that he used to race with his wives, competing with them in walking, as he raced with 'A'ishah (may Allah be pleased with her)? All of this was part of his good character. And reflect on his saying: Meaning: So emulate me. So it is obligatory for the spouses to live together with kindness. The husband fulfills the rights of his wife, and the wife fulfills the rights of her husband, so that life between them is happy. But if they are in conflict and quarreling, life will be hellish, may Allah protect us from that, and it will affect whom? Their children, if they have children. And the observer is now indicating to me that the time has ended.
And we hope that Allah the Exalted will make what has occurred in this commemoration sufficient. And we ask Allah the Exalted to increase the marriages of our daughters and sons, and to lighten the bridal gifts, and to lighten the dowries, for He is capable of all things.