What is the ruling on the waiting period if a man contracts a marriage with a woman and then divorces her before consummating the marriage? And does this divorce count against his quota if he wants to take her back?
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The questioner : Similarly, a man divorced his fiancée before he had intercourse with her, of course. Does she have a waiting period in this case?
The Shaykh: No.
The questioner : She has no waiting period. If he wants to propose to her again, is that permissible for him?
The Shaykh: Of course.
The questioner : With a new mahr and a new contract.
The Shaykh: Yes.
The questioner : Okay, here, and does this divorce count after he did not marry her? Does the previous old divorce count against his quota?
The Shaykh : If he did not marry her, it counts.
The questioner : If he did not marry her before, it counts against his quota.
The Shaykh: Yes.
The questioner : Meaning, even if he performed a new contract and mahr.
The Shaykh: Yes.
The questioner : Yes, and generally, for the one who does that, it must count as one.
The Shaykh: Yes.
The questioner : Yes, okay, if Allah wills. A final confirmation, then, regarding the question we asked a little while ago: this man who is performing tamattu'—when the Day of Tarwiyah comes, he will enter the state of ihram, if Allah wills, from his own location?
The Shaykh: Yes.
The questioner : Yes, and may Allah reward you with good.
The Shaykh : And may Allah protect you, if Allah wills.
The questioner: Peace be upon you.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The Shaykh: No.
The questioner : She has no waiting period. If he wants to propose to her again, is that permissible for him?
The Shaykh: Of course.
The questioner : With a new mahr and a new contract.
The Shaykh: Yes.
The questioner : Okay, here, and does this divorce count after he did not marry her? Does the previous old divorce count against his quota?
The Shaykh : If he did not marry her, it counts.
The questioner : If he did not marry her before, it counts against his quota.
The Shaykh: Yes.
The questioner : Meaning, even if he performed a new contract and mahr.
The Shaykh: Yes.
The questioner : Yes, and generally, for the one who does that, it must count as one.
The Shaykh: Yes.
The questioner : Yes, okay, if Allah wills. A final confirmation, then, regarding the question we asked a little while ago: this man who is performing tamattu'—when the Day of Tarwiyah comes, he will enter the state of ihram, if Allah wills, from his own location?
The Shaykh: Yes.
The questioner : Yes, and may Allah reward you with good.
The Shaykh : And may Allah protect you, if Allah wills.
The questioner: Peace be upon you.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
