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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Meaning of the Waiting Period for a Woman and an Explanation of the Circumstances in Which She Observes It

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Question:
What is the meaning of the waiting period for a woman? Please explain the circumstances in which a woman observes the waiting period, O His Eminence the Shaykh.

Answer:
The waiting period means: her being held back from marriage during the days in which she is held back from marrying. It is not permissible for her to marry until it ends. This is called the waiting period, whether it is due to divorce, or khul' (divorce at the wife's request for compensation), or death. It is called the waiting period, as in His saying (Exalted and Majestic is He):
And their husbands have more right to take them backوَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ
[al-Baqarah:228], meaning: in the waiting period. And He the Exalted said:
Divorced women remain in waiting for three periodsوَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلاثَةَ قُرُوءٍ
[al-Baqarah:228] .... This is the waiting period. Regarding women who have passed the age of menstruation, it is said:
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 menstruatedوَاللَّائِي يَئِسْنَ مِنَ الْمَحِيضِ مِنْ نِسَائِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلاثَةُ أَشْهُرٍ وَاللَّائِي لَمْ يَحِضْنَ
[al-Talaq:4]. So the waiting period is the period of waiting after divorce, or after death, or after mutual divorce (khul'). It is called the waiting period.
So the waiting period after divorce is three menstrual cycles if she menstruates, or three months if she is a woman who has passed the age of menstruation and does not menstruate, or if she is a young girl.
And in the case of death, it is four months and ten days if she is not pregnant. If she is pregnant, it is until the delivery of the child.
And the waiting period for khul' is like that of the divorced woman: three menstrual cycles. It is permissible for her to observe the waiting period with one menstrual cycle according to the correct opinion, but if she observes it with three menstrual cycles, that is more cautious.
And khul' is when he divorces her in exchange for money; she gives him money so that he will divorce her, or she seeks a mutual divorce. She is called a woman who has been divorced by khul'. If he divorces her in exchange for money she paid him, and if he divorces her with the wording of divorce as a single pronouncement, she observes the waiting period like a divorced woman: three menstrual cycles. And if she observes the waiting period with one menstrual cycle, it suffices according to a group of scholars, but the better and more cautious option is three menstrual cycles; because she bought her freedom, so she resembles a slave woman who observes the waiting period with one menstrual cycle. The comparison is to a captive or a purchased slave woman who is purified with one menstrual cycle, so the woman divorced by khul' resembles her. For this reason, it came in the hadith of the wife of Thabit ibn Qays that the Prophet (peace and blessings be upon him) ordered her to observe the waiting period with one menstrual cycle when she sought a mutual divorce from him and gave him his wealth. However, for her to observe the waiting period with three menstrual cycles is more preferable and more cautious, in order to avoid the difference of opinion and out of concern for the purity of the womb. Yes.

The presenter: May Allah reward you with good.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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