Is it permissible for a divorced woman to complete the remaining two months of her waiting period in her father's house with the permission of her husband and her father, or is it not?

The questioner : I asked if I could go to my family's house, and he said: "Ask the scholars. I do not know if they will allow you to go. If they do not allow it, I can give you permission if the scholars permit it." So we chose to ask you about this matter: Is it permissible for her to complete the remaining two months of her waiting period in her father's house with the permission of her husband and her father, or is it not?

The Shaykh : Who is the one who divorced her? After he divorced her, where is she?

The questioner : She is in his house. Her house is separate from the original marital home. He has two separate houses.

The Shaykh : I do not care about the first or the second. Where is he living now? Is he living in one house?

The questioner : Yes, he is living in one house.

The Shaykh : Is that so?

The questioner : He is living in two houses. He has a first wife and a second wife.

The Shaykh : So, is there a wife in each house?

The questioner : Yes, exactly.

The Shaykh : And does he rotate between them and divide his time?

The questioner : Yes, but he stopped fourteen nights ago. He said, "I do not want to be present, because my presence will neither delay nor hasten anything. I am determined on the divorce; I do not want to take her back."

The Shaykh : What do you mean by "he does not want to be present"?

The questioner : Now he does not rotate between them. He stays with the second wife, the divorced one, and he never comes to her.

The Shaykh : My brother, we did not understand. Is she divorced or not?

The questioner : She is divorced. He does not come to sleep with her now.

The Shaykh : And why does he not come?

The questioner : He says, "If I come, you will order me to do something, and I will return, and I do not want that."

The Shaykh : All right, this is the Islamic ruling: He must rotate to her until her waiting period is completed.

The questioner : And if he does not rotate to her?

The Shaykh : He will be sinful.

The questioner : All right, and if he says he wants to bear this sin, can she observe her waiting period in her father's house so that she does not remain alone in her house by herself?

The Shaykh : It is not permissible, my brother. It is not up to him. The Shari'ah requires him to rotate to her until her waiting period is completed. It is not up to him.

The questioner : Should we remind him of this?

The Shaykh: Yes.

The questioner : Okay, good, if Allah wills.

The Shaykh : May Allah will good.

The questioner : That means there is absolutely no room for her to observe her waiting period except in her husband's house, and he has the right to rotate to her.

The Shaykh : And it is obligatory for him to rotate to her.

The questioner : Very well, may Allah reward you with good.

The Shaykh : Peace be upon you.

The questioner : And upon you be peace and the mercy of Allah.