The Ruling on Contracting Marriage with a Woman in the Waiting Period
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Question:
She does not consent. Yuki. And there is nothing in a contract with a woman that extends, and as long as she is still his wife, let him renew the contract. If he contracted with a mahram, and on a Saturday, and she is still his wife, let him renew the contract, as for what exceeds that,
Answer:
Is she in the waiting period from him or from someone else? If she is in the waiting period from him and the separation is a minor separation, the contract is valid. He may contract marriage with his divorced wife during the waiting period if it is a minor separation, for he may contract with her during the waiting period because the water is his water.
As for the major separation, here, until she marries another husband. As for if the one contracting with her is not the divorcer, the contract is invalid, and he must separate from her, he must separate from her, and he should return to the court in this matter. We only issue rulings on existing contracts, because this returns to the court for the purpose of studying the subject and verifying the matter. But we say as a general rule that it is not permissible to contract marriage with a woman in the waiting period from a stranger. If he contracts with her, his contract is invalid. As for if the one contracting with her is the divorcer, we look at it: if the divorce was a revocable divorce, a divorce with a minor separation, the contract is valid. And if the divorce was an irrevocable divorce with a major separation, the contract is invalid, until she marries another husband.
She does not consent. Yuki. And there is nothing in a contract with a woman that extends, and as long as she is still his wife, let him renew the contract. If he contracted with a mahram, and on a Saturday, and she is still his wife, let him renew the contract, as for what exceeds that,
Answer:
Is she in the waiting period from him or from someone else? If she is in the waiting period from him and the separation is a minor separation, the contract is valid. He may contract marriage with his divorced wife during the waiting period if it is a minor separation, for he may contract with her during the waiting period because the water is his water.
As for the major separation, here, until she marries another husband. As for if the one contracting with her is not the divorcer, the contract is invalid, and he must separate from her, he must separate from her, and he should return to the court in this matter. We only issue rulings on existing contracts, because this returns to the court for the purpose of studying the subject and verifying the matter. But we say as a general rule that it is not permissible to contract marriage with a woman in the waiting period from a stranger. If he contracts with her, his contract is invalid. As for if the one contracting with her is the divorcer, we look at it: if the divorce was a revocable divorce, a divorce with a minor separation, the contract is valid. And if the divorce was an irrevocable divorce with a major separation, the contract is invalid, until she marries another husband.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، تتمة باب العدة والإحداد — islamhouse.com (41:34)
The Arabic text is a machine transcription of the audio recording.
