Is the divorced woman who completes her waiting period in her husband's house obligated to serve her husband as if she were not divorced? We request clarification.
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The Shaykh : Is the divorced woman who completes her waiting period in her husband's house obligated to serve her husband as if she were not divorced? We request clarification? Yes, he has all rights over her because she does not become free until the waiting period has passed. Once her waiting period is completed, she becomes free, and it is not permissible for the man to take her back except as he would bring a foreign woman to him through a complete marriage contract. As long as the waiting period has not ended, she remains under the ruling of marriage, so all the rulings of marriage apply to her.
The questioner : e : O Shaykh ... .
The Shaykh : Yes, this is evidence of Muslims turning away from the Shari'ah.
The questioner : ... .
The Shaykh : Yes, because they are not Muslims except in name, as they say.
The questioner : e : In a hadith, it is stated that she was given the choice to remain in her own house or in her husband's house.
The Shaykh : No, that is the one who was divorced three times. As for this one, she was divorced with a revocable divorce. The one who has been divorced three times is not lawful for him thereafter... Allah has not made for a man two hearts in his body. The woman divorced with a revocable divorce is not like the one divorced three times. The one divorced three times is finished; she is not lawful for him thereafter until she marries another husband. So he has no rights over her at all. The principle for the woman divorced three times is that she goes out to her father's house and does not remain in the man's house, because she is finished and forbidden to him. Meanwhile, the woman divorced with a revocable divorce remains in his protection. One of the rulings of the Wise Lawgiver is that the woman divorced with a revocable divorce remains in the husband's house, as He said in the Qur'an:[At-Talaq 65:1] ; meaning perhaps he will turn back to her and she will turn back to him, so there remains a possibility that things will return to their former state, close to being taken back. As for the woman divorced three times, it is finished; this thread is cut, and there is no possibility of reconnecting it. So she must immediately move to her father's house, her father and her mother. As for the woman divorced with a revocable divorce, it is obligatory for her to remain in the husband's house except for an intervening matter. This is a matter for the religious judge to handle. If we suppose that she fears for her life that her husband will kill her, that is another ruling. The principle is that she remains in the husband's house, especially if the husband is present. It is not permissible for her to go out at all, and it is not permissible for him himself to force her out, let alone for her father or her brother to impose their will on her husband and take her from his house against his will. All of this is contrary to Islam. Therefore, do not be surprised that Muslims do not adhere to this ruling, because it is the first ruling they violated among the rulings of Islam. Yes, what do you want?
The questioner : ... .
The Shaykh : Yes.
The questioner : e : She must observe seclusion ... .
The Shaykh : She must observe seclusion.
The questioner : Yes.
The Shaykh : No, it is not a condition. She observes seclusion when her waiting period is completed and she becomes free. Then it is permissible for him to marry her, and it is permissible for another to marry her. At that time, she observes seclusion. Before the completion of the waiting period, she remains in his protection. Do you not know that this woman, if her husband dies while she is in the waiting period and her waiting period has not ended, she inherits from him? If her waiting period has ended, she does not inherit from him. This means she is still in his protection...
The questioner : e : Shaykh.
The Shaykh: Yes.
The questioner : e : O Shaykh ... .
The Shaykh : Yes, this is evidence of Muslims turning away from the Shari'ah.
The questioner : ... .
The Shaykh : Yes, because they are not Muslims except in name, as they say.
The questioner : e : In a hadith, it is stated that she was given the choice to remain in her own house or in her husband's house.
The Shaykh : No, that is the one who was divorced three times. As for this one, she was divorced with a revocable divorce. The one who has been divorced three times is not lawful for him thereafter... Allah has not made for a man two hearts in his body. The woman divorced with a revocable divorce is not like the one divorced three times. The one divorced three times is finished; she is not lawful for him thereafter until she marries another husband. So he has no rights over her at all. The principle for the woman divorced three times is that she goes out to her father's house and does not remain in the man's house, because she is finished and forbidden to him. Meanwhile, the woman divorced with a revocable divorce remains in his protection. One of the rulings of the Wise Lawgiver is that the woman divorced with a revocable divorce remains in the husband's house, as He said in the Qur'an:
perhaps Allah will bring about after that a [different] matter.
لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَلِكَ أَمْرًاThe questioner : ... .
The Shaykh : Yes.
The questioner : e : She must observe seclusion ... .
The Shaykh : She must observe seclusion.
The questioner : Yes.
The Shaykh : No, it is not a condition. She observes seclusion when her waiting period is completed and she becomes free. Then it is permissible for him to marry her, and it is permissible for another to marry her. At that time, she observes seclusion. Before the completion of the waiting period, she remains in his protection. Do you not know that this woman, if her husband dies while she is in the waiting period and her waiting period has not ended, she inherits from him? If her waiting period has ended, she does not inherit from him. This means she is still in his protection...
The questioner : e : Shaykh.
The Shaykh: Yes.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
