The waiting period of a divorced woman after giving birth
Machine translationRead the Arabic original
Question:
I say: Honorable Shaykh, may Allah grant you success. A married woman had a disagreement with her husband while she was pregnant, so he took her to her family’s home and left her there until she gave birth. After that, he divorced her, and she did not return to him from her family’s home. The question is: Does she have to observe a waiting period, or can she be proposed to and get married?
Answer:
What removes the waiting period from her? A married woman who is divorced: if he divorced her before she gave birth, and then she gave birth, she is released from the waiting period by the birth[At-Talaq 65:4]. But if he did not divorce her until after she gave birth, even if it was only a moment after, if he divorced her after she gave birth, even if it was only a moment, the waiting period is obligatory.
I say: Honorable Shaykh, may Allah grant you success. A married woman had a disagreement with her husband while she was pregnant, so he took her to her family’s home and left her there until she gave birth. After that, he divorced her, and she did not return to him from her family’s home. The question is: Does she have to observe a waiting period, or can she be proposed to and get married?
Answer:
What removes the waiting period from her? A married woman who is divorced: if he divorced her before she gave birth, and then she gave birth, she is released from the waiting period by the birth
And for those who are pregnant, their term is until they give birth
وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ
Source
قناة «العلامة الدكتور صالح الفوزان»، 119 من 123 / شرح كتاب زاد المستقنع / الشهادات / صالح الفوزان / الفقه / كبار العلماء — youtube.com (35:42)
The Arabic text is a machine transcription of the audio recording.