On Waiting Period

Rule (1445) There is no waiting period in the divorce of a minor and the woman above the age of experiencing menses even though sex may have been performed with them to the front or back, and sex is considered to take place when gland (penis) is entered into the female organ even though no discharge of semen takes place, regardless, the sex is lawful or unlawful like doing sex during the days of obligatory fasting, or during the female's menses.

Rule (1446) In a divorce after consummating of marriage the waiting period of an adult woman who has not reached menopause is three menses-free cycles. As soon as she begins to experience the third cycle of her menses her waiting period is complete, thus, one whose cycles of menses are not regular like one who only experiences one in four months, her waiting period is three months.

Rule (1448) The divorce-waiting-period of a wife who is not pregnant and who may not experience any menses while she is of the age of experiencing it because of her physical condition or some other reason like breast-feeding etc., is three months and such amount of time could be completed by adding part of the last months to the next if it may have started from the middle of a month or so.

Rule (1449), who is pregnant even if her pregnancy is due to her husband's semen entering into her womb without actual intercourse, is to the delivery of the baby.

Rule (1450) The waiting period of a free and non-pregnant woman whose husband has died is four months and ten days, regardless, she is a minor or grown up or one who is above the age of menstruating, who is a Muslim or not, any sex is done with her or not; the marriage is permanent or not and regardless, the husband is a minor or a grown-up, free or a slave, a sane or not. For a preferable precaution, the months should total 130 days, but if she is pregnant her waiting period is either 4 months and ten days or the child delivery whichever is longer.

Rule (1452) It is obligatory for a woman whose husband has died to observe a mourning condition during her waiting period, by avoiding make-up dress-up and beautifying herself by colors of dresses or whatever that according to common practice is beautification even though the color of dress is black but whatever is not beautification such as cleaning the body or clothes or fingers or taking a shower is not a violation of the mourning rules, regardless, she is a Muslim woman or a tax-paying non-Muslim woman, the husband is a minor or a grown-up. According to a strong reason the wife of a temporary marriage must also observe the mourning rules. Apparently, mourning is not a condition for the waiting period, thus, if she ignores it purposely or because of some reason it is lawful for her to marry after the waiting period is over and it is not necessary for her to re-start the waiting period and according to a strong reason it is permissible for her to go out of her house although it is undesirable unless it is a matter of necessity like fulfilling an obligation or a need.

Rule (1454) If one divorces his wife in the manner of a revocable divorce and then he dies during the waiting period his wife must observe the waiting period of a widow. If it is irrevocable she only completes the waiting period for a divorce and nothing else.

Rule (1455) The pregnancy the delivery of which is the end of waiting period is of a general nature, which covers normal pregnancy or an aborted one, even if it is an embryo or a blood clot.

Rule (1456) If the pregnancy is a twin the waiting period is over only when both are born.

Rule (1457) The knowledge of a child delivery must be certain; less than 100% is not enough, thus, 50% is out of question. Qualified testimony is enough even if it may not give one a knowledge of 51% or so.

Rule (1458) According to the well known view the waiting period of a pregnant woman ends with delivery, provided, the child could be related to the husband, thus, if the child for some reason like prolonged absence of the husband etc., cannot be related to him the delivery will not be considered as end of the waiting period, in fact, cycle of menses and or passing of certain months decide the waiting period but this is not free from objection, precaution should not be ignored.

Rule (1459) If the news and information is available about an absent husband and it is known that he is alive, the wife waits for him; the same rule applies if there is no information about him available but his guardian provides the wife's expenses from the property of the husband or his own property. But if the husband does not have any property and his guardian also does not spend for her from his own property, if she still waits for him it is her own decision if she does not wait, according to well known view she presents her case to the high authority in shari'a who gives her four years' time and then searches for him in places where he has disappeared, if any information is received that he is still alive she waits for him and if information says he is dead she begins her waiting period according to that of a widowed woman. If no information is received about him and the four years are over the high authority orders his guardian to divorce her and if he refuses, he is forced to do so and if he does not have any guardian or is not possible to force him the high authority divorces her and she therefrom begins her waiting period like a widowed woman during which she does not have to observe any mourning. After the waiting period she becomes a stranger to her husband and she can marry another man if she wanted. If the husband comes he can do nothing to her. The well-known view is very near to reality although some have rejected it.

Rule (1460) If the absent husband may have other wives who have not presented their cases to the high authority in shari'a, it is permissible for the high authority to divorce them on their request and on the basis of the four years already passed in the case of the wife who had presented her case or that the procedure has to start all over again there are two views about it, according to the one nearer to reality the procedure already completed is enough.

Rule (1461) It is not far from reality to consider the passing of four years after the disappearance of the husband sufficient in the matter along with carrying on the search for him this time without the order of the high authority who also does order to search for him for a time and then orders to divorce her or divorces her. It is a precaution and a priority that the procedure should begin under the supervision of the high authority.

Rule (1462) If the husband disappears in a certain place or a certain direction and there are enough indications that he has not moved from such place or direction somewhere else; searching only in that place or direction is enough.

Rule (1463) If a complete search is done in a short time if there is any possibility that he could be found if the search is carried on for the remaining time even in faraway places it is necessary to search. If it becomes certain that he cannot be found the obligation of searching ceases to exist but waiting for the whole 4 years is still obligatory for precaution.

Rule (1464) Once the 4 years time is over and there is still some possibility to find him if searching is continued searching is not necessary whatever is done during the appointed time is enough.

Rule (1465) It does not matter the absence of a husband is because of journey, being in the army or is ship-wrecked.

Rule (1466) It is permissible for the high authority to carry on the search through a proxy even if such person is the wife herself. The proxy must at least be trustworthy and, regardless, the husband is a free person or a slave and vice verse it applies to the wife also. Apparently, the searching rule is only applicable to permanent marriage not the temporary one.

Rule (1467) The divorce by the guardian or high authority is a revocable one and during the waiting period the wife is entitled to receive expenses and if the husband arrives during waiting period it is lawful for him to revoke the divorce and resume marital relations and if one of them dies during the waiting period the other party inherits the deceased and if one party dies after the waiting period is over, there is no inheritance between them.

Rule (1468) Some of the great scholars have said that in the case of an absent husband known to be alive and whose wife is not able to wait, it is permissible for the high authority to divorce her. The same rule applies to one imprisoned who can not be released and all those wives do not want to wait with this condition. Such a view is far from reality above this is what he has added that going through the 4 years and the rest of the procedure would cause one to fall in sins, in such case, it is permissible to expedite the divorce without completing the procedure. According to such view it is permissible to expedite divorce without the consent of husband if it is known that her remaining as wife causes her to fall in sins and thus is this view as you may note.

Rule (1469) As mentioned before if the husband refuses to provide the expenses of the wife when she is entitled to receive, she presents her case to the high authority in shari'a who orders him to provide her expenses or divorce her and if he refuses both, the high authority divorces her and, apparently, the divorce, in this case, is irrevocable and it is not lawful for him to revoke it and resume marital relations during her waiting period and her waiting period is like the waiting period after divorce.

Rule (1470) The waiting period of a woman with whom sex is performed by mistake is like the waiting period of a woman after divorce, if she is pregnant then it is the delivery of the child and if she is not pregnant and regularly experiences menses it is the passing of three menses-free cycles, otherwise, by the passing of the months, the same rule applies to a woman whose marriage is revoked after sex because of defect or default etc., or because of apostasy or breast-feeding etc. If the husband apostatizes and whose one parent is a Muslim at the time of his birth the waiting period is like that of a widowed woman but if the revocation is before sex there is no waiting period for it.

Rule (1471) There is no waiting period for a woman who has committed fornication and it is lawful for her husband to have sex with her. She can marry the man who has fornicated as well as others but according to a necessary precaution the fornicator must not marry her before she experiences one cycle of menses.

Rule (1472) It is not lawful for the husband of the woman with whom sex is done by mistake to do sex with her as long as she is still in her waiting period and other forms of his having pleasures with her is objectionable, apparently, it is not lawful to marry her during the waiting period if she is single.

Rule (1473) The waiting period after divorce begins as soon as divorce is formally formed, regardless, the husband is present or absent and the beginning of the waiting period of a woman whose husband has died is from when death takes place and in the case of an absent husband and those in likewise conditions like the one imprisoned is from the time of receiving the news of death, in fact, it is not far from reality that the same rule may apply to the case when the husband is at home but the news of his death reaches her only after a certain time . It is objectionable to consider this rule applicable to the case of a minor or an insane wife. Whether or not for proving one's reaching maturity it is necessary for the information and report to have the quality of having the strength of a legal authority in terms of its logically being true there are two views about it according to the more clear reason the existence of such condition is necessary. The beginning of the waiting period for a woman whose marriage is revoked commences from the time of revocation likewise; the waiting period for sex by mistake is from such time not from the time it is discovered that it is mistake, according to a more clear reason.

Rule (1474) The woman who is divorced in an irrevocable divorce is like a stranger she is not entitled to receive anything from the husband for her expenses and it is not necessary for her to obey him and it is not unlawful for her to go out of her house without his permission. The woman in waiting period of a revocable divorce is like a wife as long as she is in her waiting period. The husband can enter her chamber without formal permission. It is permissible even preferable to show him her beautification. It is necessary for him to pay her expenses, and it is necessary for her to obey him, it is unlawful for her.

Rule (1471) There is no waiting period for a woman who has committed fornication and it is lawful for her husband to have sex with her. She can marry the man who has fornicated as well as others but according to a necessary precaution the fornicator must not marry her before she experiences one cycle of menses.

Rule (1472) It is not lawful for the husband of the woman with whom sex is done by mistake to do sex with her as long as she is still in her waiting period and other forms of his having pleasures with her is objectionable, apparently, it is not lawful to marry her during the waiting period if she is single.

Rule (1473) The waiting period after divorce begins as soon as divorce is formally formed, regardless, the husband is present or absent and the beginning of the waiting period of a woman whose husband has died is from when death takes place and in the case of an absent husband and those in likewise conditions like the one imprisoned is from the time of receiving the news of death, in fact, it is not far from reality that the same rule may apply to the case when the husband is at home but the news of his death reaches her only after a certain time . It is objectionable to consider this rule applicable to the case of a minor or an insane wife. Whether or not for proving one's reaching maturity it is necessary for the information and report to have the quality of having the strength of a legal authority in terms of its logically being true there are two views about it according to the more clear reason the existence of such condition is necessary. The beginning of the waiting period for a woman whose marriage is revoked commences from the time of revocation likewise; the waiting period for sex by mistake is from such time not from the time it is discovered that it is mistake, according to a more clear reason.

Rule (1474) The woman who is divorced in an irrevocable divorce is like a stranger she is not entitled to receive anything from the husband for her expenses and it is not necessary for her to obey him and it is not unlawful for her to go out of her house without his permission. The woman in waiting period of a revocable divorce is like a wife as long as she is in her waiting period. The husband can enter her chamber without formal permission. It is permissible even preferable to show him her beautification. It is necessary for him to pay her expenses, and it is necessary for her to obey him, it is unlawful for her to go out of his house without his permission as mentioned before. They inherit each other if one of them dies during the waiting period and it is not lawful for him to make her leave the house in which she lived during divorce for another house, unless she commits open indecency like her being of an abusive tongue or her letting the strangers in and out often. If she is forced to leave the house without the permission of the husband, precautionary, it should take place after midnight and come back before dawn; if the emergency may require it.

Rule (1475) If one divorces his wife after sex and revokes the divorce then divorces her before sex it is necessary to observe waiting period from the time of second divorce and it also is said that there is no waiting period because it is before sex but this view is weak. If she is divorced in the manner of irrevocable divorce after sex and then is married and divorced before sex, in such case, about the applicability of the rules of divorce before sex or inapplicability of such rule there are two views: according to the stronger one such rules are not applicable but it is not necessary for her to re-start the waiting period, in fact, she only completes the waiting period from the first divorce. The same rule applies to a wife of a temporary marriage when sex is done and then the time is waived and is married again and then the time is waived before sex.

Rule (1476) If she is divorced and her menses start as such that there is no menses-free time between divorce and menses, that menses-free period is not counted as one of the three menses-free cycles. Later on and as her forth cycle of menses starts her waiting period ends but if there is some menses free time between divorce and the commencement of menses that little time is counted as one of the three menses free periods and the waiting period ends with commencement of the third cycles of menses.

Rule (1477) If a woman experiences menses only once in three months and is divorced at the start of menses free period and then three months pass without any menses her waiting period is over and such waiting period is counted according to the number of months not the menses-free cycles. If she experiences menses only once in three months and three menses free months do not come to pass at a time, such women's waiting period is based on menses-free intervals or cycles not on the basis of months. If her condition is not constant as regards the three menses free months or three menses-free cycles like as if it is seasonal and she experiences menses once in three months in as certain season and in the next season no menses at all within three months her waiting period is completed on the basis of her experiencing of any condition that comes first three months or three menses-free cycles whichever comes first. If her experiencing of menses is regular and she is divorced and she experiences menses only once and then no menses at all without knowing the reason; whether it is due to pregnancy or some other reason she waits up to nine months from the time of divorce and if no child delivery takes place she starts her waiting period for three months therefrom and at the end of the three months her waiting period is over.

Rule (1478) If a divorced woman experiences menses only once and then becomes a woman over the age of experiencing menses she completes the waiting period by waiting two more months.

Rule (1479) In the case of sex by mistake waiting period is required only when the man does not know the reality, regardless, the woman knows it or not, if the man knows but not the woman, apparently, he does not have to observe any waiting period in her case.

RULE (1480) If one divorces his wife by the irrevocable manner and then does sex with her by mistake; can, in this case, the waiting period for both reasons go on at the same time or she is required to observe separate waiting periods for each cause and also, regardless, the waiting periods are due to reasons of the same kind or of different kinds like the divorce of a pregnant woman with whom sex is performed or an non-pregnant is divorced and then sex is done to her for which she becomes pregnant according to the well known views they can go on at the same time and, in fact, it is not far from reality, that it may also apply. If a stranger does sex to her by mistake and then her husband divorces her or vice verse, but precaution should not be ignored in the form of observing two waiting periods, and the same rule applies, if one does sex to her by mistake and so does another man. There is no objection in two waiting periods going on at the same time if one man does sex by mistake one time after the other.