Ruling on a woman divorced with a revocable divorce leaving her husband's home during the waiting period
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This is a letter that reached us from our brother Abu Qurashi, a Sudanese resident of Jeddah. He says in his letter: Many people divorce their wives, and the divorce is revocable. When he divorces her, she immediately goes to her parents' home, whether at night or during the day. Is this permissible? And what should the woman do after being divorced with a revocable divorce? Should she stay in her home, or is she required to leave her husband's home? Please inform us, may Allah reward you.
Answer: It is obligatory for a woman divorced with a revocable divorce to remain in the house with her husband, in case he takes her back. He has no right to expel her, and she has no right to leave. This is based on the saying of Allah, the Exalted: [Surat al-Talaq: 1]. Thus, Allah, the Exalted, made it clear that they do not leave and are not made to leave. This is the obligation upon the woman: to remain in the house until the waiting period ends. She has no right to leave, and he has no right to expel her either.
As for a woman divorced with an irrevocable divorce, where he divorced her with the third divorce, she leaves to her parents' home. However, if she stays in her husband's home and is protected by women present there, such that there is no danger regarding his contact with her, and she is irrevocably divorced, then there is no blame on her. If she leaves, there is nothing wrong with it. Fatimah bint Qays was divorced and observed her waiting period outside her husband's home. The Prophet (peace and blessings be upon him) said to her: because he had divorced her irrevocably with the third divorce.
As for the woman divorced with a revocable divorce, as mentioned earlier, it is obligatory for her to remain in the house. She has no right to leave, and he has no right to expel her, because this is a means for him to take her back. Allah, the Exalted, said after that, after mentioning the prohibition of her leaving and being made to leave: [Surat al-Talaq: 1]. The meaning is: taking her back. Perhaps he will take her back, and the matter of taking her back will be made easy for him because she is in the house.
The presenter: May Allah reward you.
Answer: It is obligatory for a woman divorced with a revocable divorce to remain in the house with her husband, in case he takes her back. He has no right to expel her, and she has no right to leave. This is based on the saying of Allah, the Exalted:
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
يا أيها النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا الْعِدَّةَ وَاتَّقُوا اللَّهَ رَبَّكُمْ لا تُخْرِجُوهُنَّ مِنْ بُيُوتِهِنَّ وَلا يَخْرُجْنَ إِلَّا أَنْ يَأْتِينَ بِفَاحِشَةٍ مُبَيِّنَةٍAs for a woman divorced with an irrevocable divorce, where he divorced her with the third divorce, she leaves to her parents' home. However, if she stays in her husband's home and is protected by women present there, such that there is no danger regarding his contact with her, and she is irrevocably divorced, then there is no blame on her. If she leaves, there is nothing wrong with it. Fatimah bint Qays was divorced and observed her waiting period outside her husband's home. The Prophet (peace and blessings be upon him) said to her:
Indeed, you have no right to housing or maintenance for her.
إنه ليس لك عليه سكنى كنه ولا نفقةAs for the woman divorced with a revocable divorce, as mentioned earlier, it is obligatory for her to remain in the house. She has no right to leave, and he has no right to expel her, because this is a means for him to take her back. Allah, the Exalted, said after that, after mentioning the prohibition of her leaving and being made to leave:
You know not; perhaps Allah will bring about after that a [different] matter.
لا تَدْرِي لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَلِكَ أَمْرًاThe presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.