I hope you will clarify the waiting period of a divorced woman, and whether a woman divorced with a revocable divorce remains in her husband's house or goes to her father's house until her husband takes her back?
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The questioner : I hope you will clarify the waiting period of a divorced woman, and whether a woman divorced with a revocable divorce remains in her husband's house or goes to her father's house until her husband takes her back?
The Shaykh : We are discussing the staying of a divorced woman in her husband's house if the divorce is revocable. We say: It is obligatory for a woman divorced with a revocable divorce to remain in her husband's house, and it is forbidden for her husband to expel her from it, based on the saying of Allah the Exalted:[At-Talaq 65:1]. And what people are accustomed to, namely that a woman divorced with a revocable divorce immediately goes to her family's house, is an error and forbidden, because Allah said: , and He did not make an exception for this except if they commit a clear indecency. Then He said after that: [At-Talaq 65:1]. Then He explained the wisdom of the obligation of her remaining in her husband's house by saying: [At-Talaq 65:1]. Therefore, it is obligatory for Muslims to observe the limits of Allah, adhere to what Allah has directed them to, and not take customs as a means to contradict the prescribed matters.
The important point is that it is obligatory for us to observe this matter, and that a woman divorced with a revocable divorce must remain in her husband's house until her waiting period ends. In this state of remaining in her husband's house, she is permitted to uncover herself before him, adorn herself, beautify herself, use perfume, speak to him, and he speaks to her, and she sits with him, and everything except enjoying her through intercourse or touching her. That is only for the case of taking her back. He may take her back by saying, "I have taken back my wife," and he may take her back by action by having intercourse with her with the intention of taking her back. As for the waiting period of a divorced woman, we say: If a woman is divorced before consummation and seclusion, meaning before intercourse and before seclusion with her and touching her, then she has no waiting period at all. As soon as he divorces her, she is separated from him and becomes lawful for others. But if he has consummated the marriage with her and secluded himself with her, or had intercourse with her, then she has a waiting period. Her waiting period is as follows: First, if she is pregnant, her waiting period is until she gives birth, whether the period is long or short. Perhaps he divorces her in the morning and she gives birth before noon, so her waiting period ends. Or perhaps he divorces her in the month of Muharram and she does not give birth until the month of Dhul-Hijjah, so she remains in the waiting period for twelve months. The important point is that the waiting period of a pregnant woman is the delivery of the pregnancy, absolutely, based on the saying of Allah the Exalted:[At-Talaq 65:4].
Second, if she is one who menstruates, her waiting period is three complete menstrual cycles after the divorce. This means that menstruation comes to her and she becomes pure, then it comes to her and she becomes pure, then it comes to her and she becomes pure. These are three complete menstrual cycles, whether the time between them is long or not. Accordingly, if he divorces her while she is breastfeeding and menstruation does not come to her for two years, she remains in the waiting period until menstruation comes to her three times, and her waiting period in this case is two years and more. The important point is that for one who menstruates, the waiting period is three complete menstrual cycles, whether the time is long or short.
Third, the one who does not menstruate, either because of her youth, that menstruation has not yet come to her, or because of her old age, that she has reached menopause and it has stopped for her. Her waiting period is three months, based on the saying of Allah the Exalted:[At-Talaq 65:4]. And He said regarding those who menstruate: [Al-Baqarah 2:228].
Fourth, if her menstruation has stopped for a reason that makes it known that menstruation will not return to her, such as if her uterus is removed, then she is like one who has reached menopause and waits three months. If her menstruation has stopped and she knows what caused it to stop, we have said: She waits until this cause is removed and menstruation returns. If she does not know what caused it to stop, the scholars say: She waits for a full year, nine months for pregnancy and three months for the waiting period. These are the categories of the waiting period of a divorced woman. As for the woman divorced with the final three divorces, meaning the husband had divorced her twice before, and this is the third, then according to the majority of scholars, she waits as we mentioned. And some scholars said: She is like one in a khul' divorce, which is a divorce dissolved for compensation. For khul', one menstrual cycle is sufficient for her. That is, if a man divorces his wife and dissolves the marriage for compensation that she or her guardian paid, on the condition that the husband separates from her, and then he separated from her based on this compensation, then one menstrual cycle is sufficient for her. And success is from Allah.
The questioner : May Allah reward you with good.
The Shaykh : We are discussing the staying of a divorced woman in her husband's house if the divorce is revocable. We say: It is obligatory for a woman divorced with a revocable divorce to remain in her husband's house, and it is forbidden for her husband to expel her from it, based on the saying of Allah the Exalted:
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
لا تُخْرِجُوهُنَّ مِنْ بُيُوتِهِنَّ وَلا يَخْرُجْنَ إِلَّا أَنْ يَأْتِينَ بِفَاحِشَةٍ مُبَيِّنَةٍ وَتِلْكَ حُدُودُ اللَّهِ وَمَنْ يَتَعَدَّ حُدُودَ اللَّهِ فَقَدْ ظَلَمَ نَفْسَهُDo not turn them out
لا تُخْرِجُوهُنَّnor shall they go out
وَلا يَخْرُجْنَAnd those are the limits [set by] Allah. And whoever transgresses the limits of Allah has certainly wronged himself.
وَتِلْكَ حُدُودُ اللَّهِ وَمَنْ يَتَعَدَّ حُدُودَ اللَّهِ فَقَدْ ظَلَمَ نَفْسَهُYou know not; perhaps Allah will bring about after that a [different] matter.
لا تَدْرِي لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَلِكَ أَمْرًاThe important point is that it is obligatory for us to observe this matter, and that a woman divorced with a revocable divorce must remain in her husband's house until her waiting period ends. In this state of remaining in her husband's house, she is permitted to uncover herself before him, adorn herself, beautify herself, use perfume, speak to him, and he speaks to her, and she sits with him, and everything except enjoying her through intercourse or touching her. That is only for the case of taking her back. He may take her back by saying, "I have taken back my wife," and he may take her back by action by having intercourse with her with the intention of taking her back. As for the waiting period of a divorced woman, we say: If a woman is divorced before consummation and seclusion, meaning before intercourse and before seclusion with her and touching her, then she has no waiting period at all. As soon as he divorces her, she is separated from him and becomes lawful for others. But if he has consummated the marriage with her and secluded himself with her, or had intercourse with her, then she has a waiting period. Her waiting period is as follows: First, if she is pregnant, her waiting period is until she gives birth, whether the period is long or short. Perhaps he divorces her in the morning and she gives birth before noon, so her waiting period ends. Or perhaps he divorces her in the month of Muharram and she does not give birth until the month of Dhul-Hijjah, so she remains in the waiting period for twelve months. The important point is that the waiting period of a pregnant woman is the delivery of the pregnancy, absolutely, based on the saying of Allah the Exalted:
And for those who are pregnant, their term is until they give birth
وَأُوْلاتُ الأَحْمَالِ أَجَلُهُنَّ أَنْ يَضَعْنَ حَمْلَهُنَّSecond, if she is one who menstruates, her waiting period is three complete menstrual cycles after the divorce. This means that menstruation comes to her and she becomes pure, then it comes to her and she becomes pure, then it comes to her and she becomes pure. These are three complete menstrual cycles, whether the time between them is long or not. Accordingly, if he divorces her while she is breastfeeding and menstruation does not come to her for two years, she remains in the waiting period until menstruation comes to her three times, and her waiting period in this case is two years and more. The important point is that for one who menstruates, the waiting period is three complete menstrual cycles, whether the time is long or short.
Third, the one who does not menstruate, either because of her youth, that menstruation has not yet come to her, or because of her old age, that she has reached menopause and it has stopped for her. Her waiting period is three months, based on the saying of Allah the Exalted:
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 قُرُوءٍFourth, if her menstruation has stopped for a reason that makes it known that menstruation will not return to her, such as if her uterus is removed, then she is like one who has reached menopause and waits three months. If her menstruation has stopped and she knows what caused it to stop, we have said: She waits until this cause is removed and menstruation returns. If she does not know what caused it to stop, the scholars say: She waits for a full year, nine months for pregnancy and three months for the waiting period. These are the categories of the waiting period of a divorced woman. As for the woman divorced with the final three divorces, meaning the husband had divorced her twice before, and this is the third, then according to the majority of scholars, she waits as we mentioned. And some scholars said: She is like one in a khul' divorce, which is a divorce dissolved for compensation. For khul', one menstrual cycle is sufficient for her. That is, if a man divorces his wife and dissolves the marriage for compensation that she or her guardian paid, on the condition that the husband separates from her, and then he separated from her based on this compensation, then one menstrual cycle is sufficient for her. And success is from Allah.
The questioner : May Allah reward you with good.
