And it is forbidden to make an explicit proposal to a woman in the waiting period due to her husband's death or a final divorce, but it is permissible to make an implicit proposal.
Machine translationRead the Arabic original
The Shaykh : Then the author said "And it is forbidden to make an explicit proposal to a woman in the waiting period". Since the one making the proposal was mentioned, [he mentioned] the one being proposed to. Can a man propose to any woman? No. "And it is forbidden to make an explicit proposal to a woman in the waiting period due to her husband's death or a final divorce, but it is permissible to make an implicit proposal". A woman in the waiting period due to death means the one whose husband has died. What is her waiting period? Her waiting period is four months and ten days, unless she is pregnant. If she is pregnant, her waiting period is until she gives birth, whether the duration is long or short. It is not permissible for anyone to make an explicit proposal to a woman in the waiting period due to death, but it is permissible to make an implicit proposal. Pay attention, what is the difference between explicit and implicit? Explicit is what does not admit of any other meaning, meaning it does not admit of anything other than a proposal. Explicit is what does not admit of anything other than a proposal, such as saying to her guardian or to her, "Marry me," or "Marry me" if he is addressing the guardian, or "I am proposing to your daughter," or something similar. This is explicit. Implicit is saying, "By Allah, your daughter is a good woman," saying to her father, "Your daughter is a good woman, I greatly desire someone like her, I ask Allah to make it easy for me to find someone like her." What is this?
The questioner : Implicit.
The Shaykh : Or explicit?
The questioner : Implicit.
The Shaykh : Good, no, no, it is implicit. Until he says "Marry me your daughter," it is implicit. And if he says to her father or to her, "When your waiting period ends, let me know," is this explicit or implicit?
The questioner : Implicit.
The Shaykh : It is also implicit, because the meaning of "let me know" is, well, he might propose, he might not propose, he might not propose. So, is an explicit proposal to a woman whose husband has died forbidden or permissible?
The questioner : Forbidden.
The Shaykh : What about an implicit proposal?
The questioner : It is lawful.
The Shaykh : Permissible. The evidence is the saying of Allah, Blessed and Exalted is He:[Al-Baqarah 2:235]. Well, and also the woman in a final divorce. A woman in a final divorce means the one whose husband separated from her during her life with a final separation, such that he cannot return to her except with a new contract. This woman in a final divorce, whose husband separated from her during her life, what is it? A final separation from which he cannot return to her except with a contract. This includes several things. First, is a woman divorced three times in a final divorce or not?
The questioner : In a final divorce.
The Shaykh : In a final divorce. So if a woman has been divorced by her husband three times and she is currently in the waiting period, is it permissible to propose to her implicitly or explicitly? Implicitly, not explicitly. Second, is a woman divorced for compensation in a final divorce or not? In a final divorce. She is not permissible to her husband except with a new contract. So if a woman is in the waiting period due to a divorce for compensation, is it permissible to propose to her? Implicitly.
The questioner : Implicitly.
The Shaykh : Implicitly, not explicitly. Good. Third, a woman whose marriage is annulled due to a defect in the husband or the failure to fulfill a condition he stipulated. This is also a final separation. An example is a woman whose husband divorced her for compensation, meaning there were problems between the spouses and he said, "I will not divorce her unless you give me a thousand riyals." They gave him a thousand riyals. Is she now in a final divorce or not? In a final divorce, because she cannot return to the husband except with a new contract. Is it permissible to propose to her? Implicitly, not explicitly. And the evidence? The evidence is that she is analogous to the woman in a final divorce due to death, because the husband cannot return to her, so there is no encroachment on the husband's rights. He says "and a woman in a final divorce, but not with an explicit proposal".
The questioner : ... .
The Shaykh :"and a woman in a final divorce, but not with an explicit proposal" means that an implicit proposal is permissible and an explicit proposal is forbidden.
The questioner : Implicit.
The Shaykh : Or explicit?
The questioner : Implicit.
The Shaykh : Good, no, no, it is implicit. Until he says "Marry me your daughter," it is implicit. And if he says to her father or to her, "When your waiting period ends, let me know," is this explicit or implicit?
The questioner : Implicit.
The Shaykh : It is also implicit, because the meaning of "let me know" is, well, he might propose, he might not propose, he might not propose. So, is an explicit proposal to a woman whose husband has died forbidden or permissible?
The questioner : Forbidden.
The Shaykh : What about an implicit proposal?
The questioner : It is lawful.
The Shaykh : Permissible. The evidence is the saying of Allah, Blessed and Exalted is He:
There is no blame upon you for that to which you [indirectly] allude concerning a proposal to women or for what you conceal within yourselves
ولا جُناح عليكم فيما عرّضتم به من خِطبة النساء أو أكننتم في أنفسكمThe questioner : In a final divorce.
The Shaykh : In a final divorce. So if a woman has been divorced by her husband three times and she is currently in the waiting period, is it permissible to propose to her implicitly or explicitly? Implicitly, not explicitly. Second, is a woman divorced for compensation in a final divorce or not? In a final divorce. She is not permissible to her husband except with a new contract. So if a woman is in the waiting period due to a divorce for compensation, is it permissible to propose to her? Implicitly.
The questioner : Implicitly.
The Shaykh : Implicitly, not explicitly. Good. Third, a woman whose marriage is annulled due to a defect in the husband or the failure to fulfill a condition he stipulated. This is also a final separation. An example is a woman whose husband divorced her for compensation, meaning there were problems between the spouses and he said, "I will not divorce her unless you give me a thousand riyals." They gave him a thousand riyals. Is she now in a final divorce or not? In a final divorce, because she cannot return to the husband except with a new contract. Is it permissible to propose to her? Implicitly, not explicitly. And the evidence? The evidence is that she is analogous to the woman in a final divorce due to death, because the husband cannot return to her, so there is no encroachment on the husband's rights. He says "and a woman in a final divorce, but not with an explicit proposal".
The questioner : ... .
The Shaykh :"and a woman in a final divorce, but not with an explicit proposal" means that an implicit proposal is permissible and an explicit proposal is forbidden.