The divorced woman in a period of purity in which her husband did not have intercourse with her: does the divorce take effect, what is her waiting period, and when does it begin, with evidence.
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The Shaykh : The fourth case is the woman who is divorced in a period of purity in which her husband did not have intercourse with her. This means a woman who is in a state of purity, has no child in her womb, and is one who menstruates. Her divorce is not a divorce for the waiting period unless she is in a period of purity in which her husband did not have intercourse with her. Pay attention: if she is in a period of purity in which her husband did not have intercourse with her, then if she is menstruating, her divorce is not for the waiting period, and it is forbidden. And if she is in a state of purity, but her husband has had intercourse with her in this period of purity, her divorce is not for the waiting period, and it is forbidden. An example of this is a man who has a wife who menstruates. She menstruated and then became pure from menstruation, and he did not have intercourse with her after her purity from menstruation, and then he divorced her. Is this divorce for the waiting period or not? Yes, it is for the waiting period, because he divorced her while she was in a state of purity without intercourse. So the divorce is for the waiting period, and the waiting period begins from his divorce. And by what does she wait? She waits for three quru', meaning three menstrual periods. How long does the time last? We do not know. It may last three months, it may last two months, and it may last three years. It is possible it lasts three years. It is possible she menstruates once and her menstruation stops, and we do not know. So she waits. Or her menstruation stops due to illness, and the illness remains with her and continues. Or her menstruation stops because she is breastfeeding, and she does not menstruate for the entire duration of breastfeeding. The important point is: what is the waiting period for a divorced woman who menstruates? Three quru', whether the duration is long or short. But it is known that it does not last less than one month. Now, the evidence: Allah the Exalted said: [Al-Baqarah 2:228] meaning three menstrual periods. We mentioned in the fourth section that the divorce is not for the waiting period unless he divorced her in a period of purity in which he did not have intercourse with her.
