The Fruits Of Knowledge

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Forwarded from Madrasatuna || مدرستنا

💯 Miscellaneous Benefits from Yemen

BENEFIT 25: ’Iddah = waiting period

A woman parts from her husband through one of the following:
▪️- Ṭalāq (divorce) - issued by the husband
▪️- Death of the husband
▪️- Khul’ (a woman requests to leave/ ransom herself from her husband by returning all/part of the dawry)
▪️- Faskh (annulment of the marriage by a judge) - examples: the husband apostates, or he accuses his wife of adultery and they engage in Mulā’anah, or she requests a judge to annul her marriage due to her husband's failure to meet her financial or sexual needs, etc.

Before a woman is allowed to remarry, she must undergo a waiting period (’Iddah). This waiting period varies depending on her circumstance and based on the cause of separation:

1⃣- The ’Iddah of a pregnant woman - whatever the circumstances - is until she gives birth.
{وَأُو۟لَـٰتُ ٱلۡأَحۡمَالِ أَجَلُهُنَّ أَن یَضَعۡنَ حَمۡلَهُنَّ}
“As for those who are pregnant, their waiting period ends with delivery.”
[Surah At-Talâq: 4]

2⃣- The ’Iddah of a widow - whatever the circumstances (unless pregnant) - is 4 lunar months and 10 days (starting from the day her husband dies).
{ وَٱلَّذِینَ یُتَوَفَّوۡنَ مِنكُمۡ وَیَذَرُونَ أَزۡوَ ٰ⁠جࣰا یَتَرَبَّصۡنَ بِأَنفُسِهِنَّ أَرۡبَعَةَ أَشۡهُرࣲ وَعَشۡرࣰا}
“As for those of you who die and leave widows behind, let them observe a waiting period of four months and ten days.”
[Surah Al-Baqarah: 234]

3⃣- A newly married woman who gets divorced before engaging in sexual intercourse with her husband has NO ’Iddah!
{ یَـٰۤأَیُّهَا ٱلَّذِینَ ءَامَنُوۤا۟ إِذَا نَكَحۡتُمُ ٱلۡمُؤۡمِنَـٰتِ ثُمَّ طَلَّقۡتُمُوهُنَّ مِن قَبۡلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمۡ عَلَیۡهِنَّ مِنۡ عِدَّةࣲ تَعۡتَدُّونَهَا}
“O believers! If you marry believing women and then divorce them before you engage in sexual intercourse, they will have no waiting period for you to count.”
[Surah Al-Ahzâb: 49]

4⃣- The ’Iddah of a woman who does NOT experience menstruation is 3 lunar months.
{ وَٱلَّـٰۤـِٔی یَىِٕسۡنَ مِنَ ٱلۡمَحِیضِ مِن نِّسَاۤىِٕكُمۡ إِنِ ٱرۡتَبۡتُمۡ فَعِدَّتُهُنَّ ثَلَـٰثَةُ أَشۡهُرࣲ وَٱلَّـٰۤـِٔی لَمۡ یَحِضۡنَ}
“As for your women past the age of menstruation, in case you do not know, their waiting period is three months, and for those who have no courses [(i.e. they are still immature) their 'Iddah is three months likewise.”
[Surah At-Talâq: 4]

5⃣- The ’Iddah of a woman who experiences menstruation is 3 menstrual cycles.
{ وَٱلۡمُطَلَّقَـٰتُ یَتَرَبَّصۡنَ بِأَنفُسِهِنَّ ثَلَـٰثَةَ قُرُوۤءࣲ}
“Divorced women must wait three monthly cycles ˹before they can re-marry˺.”
[Surah Al-Baqarah: 228]

♦️NOTE:
If the husband dies during the waiting period for numbers 4 & 5, the ’Iddah automatically changes to that of a widow. [Sh. Uthaymīn - Fatāwā Ulamā' Al-Balad Al-Ḥarām, p. 334]

6⃣- A woman who undergoes a Faskh or Khul’ must wait one menstrual cycle to make sure that she is not pregnant before remarrying.

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Summary of Fiqhul Muyassar

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