Is there a specific place designated by the Lawgiver in which a divorced woman must remain, and how long is the waiting period?
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The questioner : Is there a specific place designated by the Lawgiver in which a divorced woman must remain? And how long is the waiting period? Please advise us, may Allah reward you.
The Shaykh : Yes, if a woman is divorced with a revocable divorce, such that the husband has the right to take her back without a new contract, it is obligatory for her to remain in the marital home because she is his wife; she may undress before him, adorn herself for him, kiss him, and touch him without intercourse. The evidence for this is the statement of Allah, Blessed and Exalted is He:[At-Talaq 65:1].
As for a woman whose husband has no right to take her back except through a new contract, in this case, if she wishes, she may remain in her husband's home, provided there is someone else in the home besides her so that he does not remain alone with her. If she wishes, she may observe the waiting period in her parents' home. As for how long the waiting period is?
If she is divorced before consummation and seclusion, there is no waiting period for her. If she is divorced after consummation or seclusion, she must observe the waiting period. If she is one who menstruates, her waiting period is three menstrual cycles, whether they occur in two months, three, four, or five; the important thing is that once she has menstruated three times, her waiting period is completed. If she does not menstruate, such as a young girl or a post-menopausal woman, she observes a waiting period of three months, based on the statement of Allah, Blessed and Exalted is He:[At-Talaq 65:4]. And He said in Surat al-Baqarah: [Al-Baqarah 2:228], meaning three menstrual cycles. If she is pregnant, her waiting period is until she gives birth, whether the waiting period is long or short. Yes.
The questioner : May Allah reward you. The questioner says.
The Shaykh : Yes, if a woman is divorced with a revocable divorce, such that the husband has the right to take her back without a new contract, it is obligatory for her to remain in the marital home because she is his wife; she may undress before him, adorn herself for him, kiss him, and touch him without intercourse. The evidence for this is the statement of Allah, Blessed and Exalted is He:
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period, and fear Allah, your Lord. Do not turn them out of their [husbands'] houses, nor should they [themselves] leave [during that period] unless they are committing a clear immorality. And those are the limits [set by] Allah. And whoever transgresses the limits of Allah has certainly wronged himself. You know not; perhaps Allah will bring about after that a [different] matter.
يا أيها النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا الْعِدَّةَ وَاتَّقُوا اللَّهَ رَبَّكُمْ لا تُخْرِجُوهُنَّ مِنْ بُيُوتِهِنَّ وَلا يَخْرُجْنَ إِلَّا أَنْ يَأْتِينَ بِفَاحِشَةٍ مُبَيِّنَةٍ وَتِلْكَ حُدُودُ اللَّهِ وَمَنْ يَتَعَدَّ حُدُودَ اللَّهِ فَقَدْ ظَلَمَ نَفْسَهُ لا تَدْرِي لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَلِكَ أَمْرًاAs for a woman whose husband has no right to take her back except through a new contract, in this case, if she wishes, she may remain in her husband's home, provided there is someone else in the home besides her so that he does not remain alone with her. If she wishes, she may observe the waiting period in her parents' home. As for how long the waiting period is?
If she is divorced before consummation and seclusion, there is no waiting period for her. If she is divorced after consummation or seclusion, she must observe the waiting period. If she is one who menstruates, her waiting period is three menstrual cycles, whether they occur in two months, three, four, or five; the important thing is that once she has menstruated three times, her waiting period is completed. If she does not menstruate, such as a young girl or a post-menopausal woman, she observes a waiting period of three months, based on the statement of Allah, Blessed and Exalted is He:
And those who no longer expect menstruation among your women - if you doubt, then their period is three months, and [also for] those who have not menstruated
وَاللَّائِي يَئِسْنَ مِنَ الْمَحِيضِ مِنْ نِسَائِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلاثَةُ أَشْهُرٍ وَاللَّائِي لَمْ يَحِضْنَDivorced women remain in waiting for three periods
وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلاثَةَ قُرُوءٍThe questioner : May Allah reward you. The questioner says.