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The retrograde divorce

Updated: May 18



The retrograde divorce is

What is permissible for a husband to return his wife during her waiting period without resuming a contract, which was less than the third divorce for the entered with, but not entered with she is clear from him once divorced, and he has no waiting period

as for the waiting period for a divorced woman a revocable divorce, It differs according to the condition of the woman whether she is pregnant or not, who embraces or who does not embrace, entered into it, or not included in it, and we will meet each case separately...

The retroactively divorced woman has several rulings

1- Not leaving the marital home

The waiting period is spent in the husband’s house, and no one has the right to take it out, He said in al-Mawsoo’ah al-Fiqhiyyah: The Lawgiver obligated the woman who is observing the ‘Iddah to observe the ‘Iddah in the house that is added to it by living in the event of separation or death, And the house added to it in His saying: Do not drive them out of their homes}[Al-Talaq: 1 om the house you live in. It is not permissible for the husband or anyone else to take out the waiting woman, from her abode. And she does not have the right to go out, even if the husband agrees to that; because the kit is a right for God Almighty, and taking it out or leaving it from.

The dwelling of the kit is contrary to the project, so no one may drop it.

2 - Exit with the permission of the husband during the waiting period

3 - The husband's adornment

There is nothing wrong with her going out with the husband’s permission, adornment and the like, because there is no mourning for her,

He said in the Fiqh Encyclopedia: They also unanimously agreed that there is no mourning for a retroactively divorced woman,one of them is to be exposed to her husband and adorn himself for him, perhaps God will happen after that, one of them is to be exposed to her husband and adorn himself for him, perhaps God will happen after that, however, al-Shafi’i is of the opinion that it is desirable for a retroactively divorced woman to mourn if she does not wish to take her back. End.

Iddah of a retroactively divorced woman

The divorced women during menstruation

If she is a woman with menstruation, then her waiting period is: three menstrual cycles; For the Almighty says: (And divorced women wait for themselves for three menstrual cycles) [Al-Baqara: 228] And the menstrual cyclesis the plural of menstrual cycle, which is a common term between menstruation and purification, and the most correct one: what is meant here is: menstruation. Ibn al-Qayyim said: the word “qura’” was not used in the speech of the Lawgiver except for menstruation, and it was not mentioned in one place that it was used for purification … etc.” based on this, the waiting period for the consummated woman if she is divorced and she is a woman with menstruation, three menstrual cycles: (She menstruates, then purifies, then menstruates, then purifies, then she menstruates and then becomes pure.) So what counts here is the onset of menstruation, not the number of days.

The divorced women without menstruation

If she is not menstruating her waiting period is three months, and this applies to a young girl who has not yet reached puberty, and the old woman who does not menstruate, the Most High said: (And those of your women who despair of menstruation If you doubt, then their waiting period is three months, and for those who do not menstruate) [Al-Talaq:4]

The retroactively divorced woman (the pregnant)

As for the pregnant woman, her waiting period is the delivery of her pregnancy, because God Almighty says: (And the given birth women have a term to deliver their pregnancy, and whoever pious Allah, He will make for him ease of his affair.” [Al-Talaq:4] If she gives birth, her waiting period has expired.

Non entered with divorced woman

If the husband did not consummate the marriage with the wife, nor was he alone with her; she doesn't have a kit; for God Almighty says: O you who believe, when you marry believing women, then you divorced them before you touched them, so you do not have a waiting period for them to keep.” [Al-Ahzab: 49] this is a place of consensus among scholars, If he made a contract, did not violate, did not have intercourse, then divorced; She does not have kit.

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