He says in his letter: Please inform me about a husband and wife whose husband divorced her, and after he divorced her, she uncovered herself in front of him. Is this forbidden or not?
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The questioner : Please inform me about a husband and wife whose husband divorced her, and after the divorce, she uncovered herself in front of him. Is this forbidden or not? Please inform me, may Allah reward you with good?
The Shaykh : If a man divorces his wife with a revocable divorce.
The questioner : Yes.
The Shaykh : This means a divorce in which he retains the right to take her back. In that case, she may uncover herself in his presence as long as she is in the waiting period, because as long as she is in the waiting period, she is his wife. This is based on the saying of Allah the Exalted: meaning the divorced women This indicates that the woman in the waiting period is a wife, due to her being attributed to the husband. It is not said that this is a figurative expression based on what used to be the case, because the default is that speech is to be understood in its literal sense, and that he is her husband and she is in the waiting period. This is the default.
The questioner : Yes.
The Shaykh : It is not permissible to interpret the text away from its apparent meaning except with a legal proof. Therefore, we say that if the divorce is revocable, there is no harm in her uncovering herself in front of him, conversing with him, and him being alone with her and her staying with him in the house until the waiting period ends. In fact, it is obligatory for her to remain with him in the house if he divorced her with a revocable divorce.
The questioner : Yes.
The Shaykh : It is not permissible for him to expel her, nor for her to leave, contrary to the custom of some people, or rather most people today. When a man divorces his wife, she leaves the house to her family, and this is forbidden because Allah says:[At-Talaq 65:1].
The questioner : Yes.
The Shaykh : Then He said, referring to what came before:[At-Talaq 65:1] Then He said, explaining the reason for their remaining in the houses: [At-Talaq 65:1] So if she remains in his house, perhaps Allah will bring about a matter in which his desire for this woman is rekindled, and he will take her back without any estrangement occurring between them. Yes.
The Shaykh : If a man divorces his wife with a revocable divorce.
The questioner : Yes.
The Shaykh : This means a divorce in which he retains the right to take her back. In that case, she may uncover herself in his presence as long as she is in the waiting period, because as long as she is in the waiting period, she is his wife. This is based on the saying of Allah the Exalted:
and their husbands
وبعولتهمhave the right to take them back in that state
أحق بردهم في ذلكThe questioner : Yes.
The Shaykh : It is not permissible to interpret the text away from its apparent meaning except with a legal proof. Therefore, we say that if the divorce is revocable, there is no harm in her uncovering herself in front of him, conversing with him, and him being alone with her and her staying with him in the house until the waiting period ends. In fact, it is obligatory for her to remain with him in the house if he divorced her with a revocable divorce.
The questioner : Yes.
The Shaykh : It is not permissible for him to expel her, nor for her to leave, contrary to the custom of some people, or rather most people today. When a man divorces his wife, she leaves the house to her family, and this is forbidden because Allah says:
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
يا أيها النبي إذا طلقتم النساء فطلقوهن لعدتهن وأحصوا العدة واتقوا الله ربكم لا تخرجوهن من بيوتهن ولا يخرجن إلا أن يأتين بفاحشة مبيّنةThe questioner : Yes.
The Shaykh : Then He said, referring to what came before: