Does a woman divorced with a revocable divorce remain in her home until the end of her waiting period?
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Also, this one came to us from Manfuha from Abdullah ibn Sulayman. He says: If a woman is divorced with a revocable divorce, what is the ruling on her staying in my house, or in her husband's house, for the duration of her waiting period? Because many people consider this to be wrong. Please inform us, may Allah reward you, and make your answer correct and beneficial for all Muslims?
Answer: A woman divorced with a revocable divorce must observe her waiting period in her husband's house. She has no right to leave her husband's house unless she commits a clear and evident indecency, in which case she is to be sent out. As long as she remains on the straight path and is well, she stays in her husband's house. This is one of the means for him to return to her, to reunite the family, and to stop persisting in the divorce. Allah, Mighty and Majestic, has commanded her to remain in the house and forbidden her from being sent out. He, Mighty and Majestic, said: [Al-Talaq: 1]. This noble verse concerns women divorced with a revocable divorce, because it is for them that a matter of returning to the marriage may occur, unlike a woman divorced with an irrevocable divorce, for whom it is not expected that a matter of returning to the marriage would occur or that he would be inclined to take her back, because she is not taken back if she has been divorced irrevocably. Therefore, the divorce mentioned in this verse is for those divorced with a revocable divorce, who were divorced once or twice, and he has the right to take them back as long as they are in the waiting period. It is obligatory for him that she remains in the house, and that he does not send her out, and that he does not agree to her being sent out. Even if her family asks for her to leave, he should refuse, and her family should not ask for her to leave. Rather, they should help her to remain in the house because of this noble verse: [At-Talaq 65:1]. If the woman is on the straight path, and there is no harm from her to the household, and she has not committed indecency, then she remains in the house. Perhaps he will regret it and take her back before she leaves the waiting period. It is also recommended for her, as a group of scholars have said, to make herself attractive to him, to adorn herself for him, and to present herself to him so that he sees her when he enters and when he exits. Perhaps his desire for her will be stirred, and perhaps he will desire to take her back if he sees her in a good state. This is what is prescribed.
Her remaining in the house is an obligatory matter. The husband must keep her there, her family must agree to that, and she herself must also remain in the house. It is recommended for her to make herself attractive to her husband and to present herself to him, so that perhaps he will regret it, so that perhaps he will take her back before she leaves the waiting period. This is what is prescribed in this matter. Even if the common practice of people is to leave that aside and be ignorant of it, their ignorance and their practice, if it contradicts the Shari'ah, is not to be relied upon. Yes.
The presenter: But if she remains in the house, is she covered or veiled, or...
The Shaykh: No, she is not veiled. Rather, she uncovers her face, wears good clothes, and shows him of herself what he desires, such as showing her hair and showing her beauties from her hands, feet, face, hair, and the like. Because she is his wife. A revocable divorce does not make her unlawful to him. Rather, she remains his wife until she leaves the waiting period. Showing her beauties to him, making herself attractive to him, and perfuming herself for him are among the greatest causes for his return to her. Yes.
The presenter: May Allah reward you.
Answer: A woman divorced with a revocable divorce must observe her waiting period in her husband's house. She has no right to leave her husband's house unless she commits a clear and evident indecency, in which case she is to be sent out. As long as she remains on the straight path and is well, she stays in her husband's house. This is one of the means for him to return to her, to reunite the family, and to stop persisting in the divorce. Allah, Mighty and Majestic, has commanded her to remain in the house and forbidden her from being sent out. He, Mighty and Majestic, said:
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 أَمْرًاDo not turn them out of their [husbands'] houses, nor should they [themselves] leave [during that period] unless they are committing a clear immorality
لا تُخْرِجُوهُنَّ مِنْ بُيُوتِهِنَّ وَلا يَخْرُجْنَ إِلَّا أَنْ يَأْتِينَ بِفَاحِشَةٍ مُبَيِّنَةٍHer remaining in the house is an obligatory matter. The husband must keep her there, her family must agree to that, and she herself must also remain in the house. It is recommended for her to make herself attractive to her husband and to present herself to him, so that perhaps he will regret it, so that perhaps he will take her back before she leaves the waiting period. This is what is prescribed in this matter. Even if the common practice of people is to leave that aside and be ignorant of it, their ignorance and their practice, if it contradicts the Shari'ah, is not to be relied upon. Yes.
The presenter: But if she remains in the house, is she covered or veiled, or...
The Shaykh: No, she is not veiled. Rather, she uncovers her face, wears good clothes, and shows him of herself what he desires, such as showing her hair and showing her beauties from her hands, feet, face, hair, and the like. Because she is his wife. A revocable divorce does not make her unlawful to him. Rather, she remains his wife until she leaves the waiting period. Showing her beauties to him, making herself attractive to him, and perfuming herself for him are among the greatest causes for his return to her. Yes.
The presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
