A woman who was married but the man did not have intercourse with her, and the marriage was annulled; is she required to observe a waiting period? It is known that her husband saw her, was alone with her, and spoke with her.
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The questioner : A woman was married but the man did not have intercourse with her, and the marriage was annulled. Is she required to observe a waiting period? It is known that her husband saw her, was alone with her, and spoke with her in general conversation. Also, the wife’s younger sister, who is eight years old, would enter and leave the room. If she is required to observe a waiting period, what is its duration? May Allah reward you and the Muslims with the best reward.
The Shaykh : Yes, this woman who was married, and her husband was alone with her and spoke to her, is required to observe the waiting period. This is the ruling established by the Companions (may Allah be pleased with them).
Her waiting period is three menstrual cycles if she menstruates. If she does not menstruate due to her youth, reaching the age of menopause, or an operation that removed the uterus, for example, then her waiting period is three months, based on the saying of Allah (Blessed and Exalted is He):[At-Talaq 65:4].
It has become widespread among many common people that the waiting period, meaning the waiting period after divorce, is three months in all cases. This is a great error. The basis for the waiting period of a woman who menstruates is that she must have three menstrual cycles, even if the duration is long. Let us suppose that the divorced woman was breastfeeding, and the custom is that a nursing woman does not menstruate. If she remained without menstruation for a year or two, we say: her waiting period is until she menstruates three times.
Likewise, if a woman has a long period of purity such that there are two months between two menstrual cycles, then we say here: she waits until she menstruates three times, even if it exceeds half a year.
Yes, a woman who does not menstruate because she is young, or because she is an older woman who has reached menopause, or because her uterus was removed, or for any other reason by which we know that menstruation will not return to her, her waiting period is three months.
The Shaykh : Yes, this woman who was married, and her husband was alone with her and spoke to her, is required to observe the waiting period. This is the ruling established by the Companions (may Allah be pleased with them).
Her waiting period is three menstrual cycles if she menstruates. If she does not menstruate due to her youth, reaching the age of menopause, or an operation that removed the uterus, for example, then her waiting period is three months, based on the saying 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
واللائي يأسن من المحيض من نسائكم إن ارتبتم فعدتهن ثلاثة أشهر واللائي لم يحضنIt has become widespread among many common people that the waiting period, meaning the waiting period after divorce, is three months in all cases. This is a great error. The basis for the waiting period of a woman who menstruates is that she must have three menstrual cycles, even if the duration is long. Let us suppose that the divorced woman was breastfeeding, and the custom is that a nursing woman does not menstruate. If she remained without menstruation for a year or two, we say: her waiting period is until she menstruates three times.
Likewise, if a woman has a long period of purity such that there are two months between two menstrual cycles, then we say here: she waits until she menstruates three times, even if it exceeds half a year.
Yes, a woman who does not menstruate because she is young, or because she is an older woman who has reached menopause, or because her uterus was removed, or for any other reason by which we know that menstruation will not return to her, her waiting period is three months.