Issue No. 2139- If a man thinks that his wife is pure from ḥayḍ and divorces her, but it transpires later that at the time of divorce she was in the state of ḥayḍ, the divorce is void. On the contrary, if he knows that she is in the state of ḥayḍ and divorces her, and it transpires later that at the time of divorce she was not in the state of ḥayḍ, the divorce is valid.
Issue No. 2142- If a person has sexual intercourse with his wife who is pure from ḥayḍ or nifās, and then goes on a trip, and wishes to divorce her, but has no way of finding out whether she is pure or not, he should, as an obligatory precaution, wait for one month before he divorces her.
Issue No. 2143- If a man wishes to divorce his wife who does not have a monthly period due to illness, etc., he should refrain from having sexual intercourse with her for three months from the time he has had the last intercourse and then divorce her.
Issue No. 2144- There is no divorce in temporary marriage. Therefore, as soon as the period of the marriage expires or the man dismisses the remainder of the period of the marriage, the marriage bond is dissolved and it is not necessary for her to be pure from ḥayḍ or for there to be witnesses.
Issue No. 2145- It is necessary for a woman who has been divorced to observe Iddah (waiting period). However, if the husband has not had sexual intercourse with her at all, or she is under nine years of age or if she is in menopause ( i.e. she is 50 years old), Iddah is not necessary. In these three cases, a woman can get married immediately after divorce.
Issue No. 2146- The ‘iddah for women who have a monthly period is that they should, as an obligatory precaution, wait until they see ḥayḍ twice and become pure. Thereafter, as soon as she has menses for the third time her waiting period ends.
Issue No. 2147- If a woman who does not have menstrual discharge, is of the age of women who have menstrual discharge, and her husband has engaged in sexual intercourse with her in this marriage, she should observe ‘iddah for three months after divorce. That is to say, if it is the first day of the lunar month, she should observe ‘iddah for three lunar months, and if it is on any other day of the month, e.g. the 5th or the 10th, then on the 5th or the 10th day of the 4th month, her ‘iddah will be over. For example, if she is divorced on the 5th day of the month of Rajab, her waiting period will be over on the 5th day of the month of Shawwal.
Issue No. 2148- If a pregnant woman is divorced, her ‘iddah will last until the birth or miscarriage of the child. Hence, if for example, she gives birth to a child one hour after being divorced, her ‘iddah ends.
Issue No. 2149- The ‘iddah of a woman who contracts temporary marriage and sees ḥayḍ is two complete menstrual periods after the expiry of the period of the marriage, and if a woman does not see ḥayḍ, she must observe forty-five complete days as her ‘iddah period.
Issue No. 2150- The time of the ‘iddah of divorce commences when the formula of divorce is pronounced, irrespective of whether the wife knows about it or not. Even if after the period of ‘iddah is over, she comes to know that she had been divorced, it will not be necessary for her to observe ‘iddah again.
Issue No. 2151- A woman whose husband has died, should observe Iddah for 4 months and 10 days, irrespective of whether the marriage is permanent or temporary, or her husband has had sexual intercourse with her or not. In case, however, a woman is pregnant she should observe the waiting period till the birth of the child. But if the child is born before the expiry of four months and ten days from the death of her husband she should wait till the expiry of that period.
Issue No. 2152- A woman who is observing ‘iddah of death should refrain from wearing ornamental clothing or using kohl (eyeliner) and doing any act which is considered to be an adornment.
