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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The waiting period of a woman who was divorced before her husband entered into marital relations with her

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The questioner:
Yes. If a man has a wife who has been sitting with him for three years, and he has not come to her, because she dislikes him, and after a period of time her father requested her divorce papers, and he gave him the mahr (bridal gift) that he had paid, does she have to observe a waiting period after the divorce, given that she has been sitting with her father for three years, and he has not come to her, and she has not become pregnant? And the purpose of this is: does she have to observe a waiting period?

The Shaykh:
If she sought a khul' (divorce at the wife's request for compensation) from him, meaning she disliked him and could not stay with him, and then they agreed on the khul', and they gave him his mahr, or part of his mahr, or something else, and they agreed on this, and he divorced her for money, then the correct view is that one menstruation is sufficient for her. The waiting period that covers the three months is for the woman who was divorced by khul', other than that. In the hadith, it is reported from him (peace and blessings be upon him) that he paid her in one menstruation, and he was satisfied with one menstruation; because she is like one who is uncertain about herself, like one who is hoping, so one menstruation is sufficient for her to be free from her womb until it is known that the womb is empty and there is no pregnancy. If she observes the waiting period of three menstruations, to get out of the scholars' disagreement, then she should complete it so that she can marry after that. And if one menstruation is sufficient, that is sufficient according to the correct view, specifically in the case of khul', where she was divorced by her husband for money due to the bad state between them, so he divorced her for money. Then she observes a waiting period of one menstruation, unless she is pregnant. Good, I said to him, and all praise is due to Allah, Abu Ali. Yes.
Source قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، عدة المخالفة التي لم يدخل بها زوجها 0 - بن باز - مشروع كبار العلماء — youtube.com

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

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