Is there a waiting period for a divorced woman with whom her husband has not had intercourse?
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Question:
The questioner is from Yemen and resides in the Kingdom of Saudi Arabia. He says: A woman was divorced by her husband, and he did not have intercourse with her. Does she have a waiting period, or not?
Answer:
If the husband did not have intercourse with the wife, and did not seclude himself with her, she has no waiting period. This is based on the saying of Allah (Exalted and Majestic is He): [Al-Ahzab: 49]. This is a point of consensus among the scholars. If a marriage contract is concluded, and there is no seclusion and no intercourse, and then he divorces her, she has no waiting period.
As for if he dies, she has a waiting period. In the case of death, if he dies, even if he did not have intercourse with her and did not seclude himself with her, she has a waiting period of four months and ten days. As for divorce, if he divorces her, and did not seclude himself with her, and did not have intercourse with her—meaning, did not have sexual relations with her—then she has no waiting period. She is permitted to marry immediately after he divorces her. She has no waiting period. Yes.
If he did not have intercourse with her, and did not seclude himself with her in a private seclusion, meaning: he closed the door on them, a complete seclusion, such that the door is closed on them so that he would be able to have intercourse with her if he wished.
The presenter: May Allah reward you with good, O Shaykh.
The questioner is from Yemen and resides in the Kingdom of Saudi Arabia. He says: A woman was divorced by her husband, and he did not have intercourse with her. Does she have a waiting period, or not?
Answer:
If the husband did not have intercourse with the wife, and did not seclude himself with her, she has no waiting period. This is based on the saying of Allah (Exalted and Majestic is He):
O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نَكَحْتُمُ الْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَاAs for if he dies, she has a waiting period. In the case of death, if he dies, even if he did not have intercourse with her and did not seclude himself with her, she has a waiting period of four months and ten days. As for divorce, if he divorces her, and did not seclude himself with her, and did not have intercourse with her—meaning, did not have sexual relations with her—then she has no waiting period. She is permitted to marry immediately after he divorces her. She has no waiting period. Yes.
If he did not have intercourse with her, and did not seclude himself with her in a private seclusion, meaning: he closed the door on them, a complete seclusion, such that the door is closed on them so that he would be able to have intercourse with her if he wished.
The presenter: May Allah reward you with good, O Shaykh.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.