9. A WOMAN’S POSTMARITAL WAITING PERIOD (‘IDDA)
(Meaning the period in which a woman waits (before she may remarry) to verify that she is not pregnant, or out of mourning for her deceased husband.)
(If the waiting period finishes after a once- or twice-pronounced divorce. the wife is free to marry another man or to remarry the husband with a new contract-returning to the latter with the number of times left (one or two) needed to enact a threefold, finalized divorce; while if the waiting period of a less-than-thrice-pronounced divorce has not yet expired, the husband may take her back without a new contract.)
(The husband’s obligation to support her during the waiting period.)
There is no waiting period for a woman divorced before having had sexual intercourse with her husband.
A waiting period is obligatory for a woman divorced after intercourse, whether the husband and wife are prepubescent, have reached puberty, or one has and the other has not.
Intercourse means copulation. If the husband was alone with her but did not copulate with her, and then divorced her, there is no waiting period.
When a waiting period is obligatory (upon a woman, because of divorce or annulment of marriage), then if she is pregnant, the waiting period ends when she gives birth, provided two conditions are met:
a) The first is that she has given birth to all she was carrying. If carrying two or more children, it is necessary that she have given birth to all, whether live or stillborn, and whether fully developed or an undeveloped fetus which midwives (two or more) swear is the beginning of a human form. Whenever there is less than six months between two births, the babies are considered twins. There is no maximal number that may be born, as it is possible for a woman to give birth to four or more babies from one pregnancy.
b) The second condition is that the child is from the husband whom the waiting period is for. If the woman is pregnant from committing adultery (or from a marriage which was invalid, after which the husband divorced her) the waiting period does not end when she gives birth, but rather (after giving birth), she completes the waiting period of a woman who has been divorced.
The minimal duration of a pregnancy (from which a live child is born) is six months, while the maximum is four years.
If a woman is not pregnant and has menstrual periods, her waiting period ends when three intervals between menstruations have finished. A part of an interval between menstruations is considered the same as a whole interval. Thus, if the woman’s husband divorced her and her menses began an instant later, her waiting period would end after two more intervals between menstruations had’ finished and a third menstruation begun.
If a woman is divorced during her menstrual period, she must wait until the end of three intervals between menstruations. When her fourth menstruation begins, her waiting period is over.
There is no difference in respect to the above rulings whether a woman’s menstrual periods are close together or far apart, close together, for example, meaning a woman whose period lasts a single day and night, and who has fifteen days between periods. Were such a woman divorced just before the end of an interval between menses (by a single moment), then her waiting period would finish in thirty-two days and two moments (one of which would be part of the waiting period, i.e. the one in which the divorce occurred, and the second of which would not be part of it, namely, that in which it became evident that the waiting period was over by the onset of a subsequent menstruation). If such a woman were divorced at the end of a menstrual period, her waiting period would be forty-seven days plus a moment. These are the shortest possible waiting periods.
An example of a woman whose periods are far apart is one whose menstruation lasts fifteen days, and whose intervals between menses last, for example, a year or more. Such a woman must wait for three intervals between menstruations, even if it takes years (though medicine may be taken to induce or regulate menstruations).
The waiting period for a woman who does not menstruate, whether prepubescent or postmenopausal, is three months.
If a woman normally menstruates, but her periods have stopped for some reason such as breastfeeding or the like, or without apparent reason, then she must wait until the age of menopause, after which her waiting period is three months. (In the Maliki school, such a woman must wait nine months, and if neither pregnancy nor menses appear, she is considered to be as if menopausal, and her waiting period is three more months, making a total of one entire year in which there is no menstrual flow.)
All of the above rulings apply to the waiting period for divorce (or release).
THE WAITING PERIOD FOR A DECEASED HUSBAND
If a woman’s husband dies, even if during the waiting period of a non-finalized divorce, then if she is pregnant, her waiting period ends when she gives birth, as previously mentioned. But if not (i.e. if the deceased’s wife is not pregnant from him), her waiting period is four months and ten days, no matter whether she normally menstruates or not (and no matter whether the husband has had sexual intercourse with her or not).
THE LODGINGS OF A WOMAN IN HER WAITING PERIOD
A woman in her waiting period is obliged to remain in the home (and neither the husband nor his family may force her out; nor may she leave. If the husband agrees to allow her to leave when there is no necessity, it is still not permissible).
A woman in the waiting period of an unfinalized, less than threefold divorce is under the husband’s authority and may not leave without his permission. If in the waiting period of a finalized divorce (or release) (or annulment,) or after her husband’s death, a woman may leave home during the day to fulfill her needs (including work, if she has no means of support) and obligations.
The waiting period must take place in the same lodgings where the divorce occurred, and the woman may not be moved to other quarters unless there is a real necessity, such as fear (for her person or property), or when the landlord objects (such as when the house in question was on loan to the husband and its time has expired), or because of considerable annoyance to the woman from neighbors or the husband’s relatives, or annoyance to them from her-in all of which cases she may move to the nearest available housing.
It is unlawful for the husband of a woman in her waiting period to be alone with her or share the same housing (i.e. he must move out) unless she is in a (separate) wing of the house (with its own kitchen, restroom, cistern, and stairs to the roof, in which case it is permissible to share the housing, which is as if it were two neighboring houses).
AVOIDING ADORNMENT AFTER A HUSBAND’S DEATH OR A FINALIZED DIVORCE
It is obligatory for a woman whose husband has died (while she was his wife, or died while she was in the waiting period of an unfinalized divorce from him) to avoid adornment during the subsequent waiting period. It is recommended for a woman to do so during the waiting period of a finalized divorce. It is unlawful for a woman to avoid adornment longer than three days for the death of anyone besides her husband. A voiding adornment means not to enhance her beauty, wear jewelry or cosmetics, and so forth. A woman avoiding adornment should not wear solid colors (if intended to beautify) such as blues, greens, reds, or yellows; or style her hair or use cosmetics for body, clothes, or food (such as saffron in rice). She may wear silk, wash her hair (or comb it, or bathe) for cleanliness, or pare her nails during this period.
THE END OF THE WAITING PERIOD
If the husband of a woman in her waiting period takes her back but divorces her again before having had sexual intercourse with her, then a new waiting period starts over from the beginning (though it is unlawful for him to do this merely to prolong her waiting period).
If a husband releases his wife for payment, remarries her during the release’s waiting period, but divorces her before having had sexual intercourse, then she merely finishes the remainder of the release’s waiting period.
When a woman claims that her waiting period has expired (if it does not comprise a particular number of months, but rather consists of a number of intervals between menstruations, or of giving birth) within an amount of time in which it could have possibly ended, then her word is accepted.
If news of a husband’s death reaches a woman after his death by four months and ten days, her waiting period is already over (since her knowledge of his death is not a condition for the waiting period).
(Source: The reliance of the traveller, revised edition, Edited and Translated by Nuh Ha Mim Keller)
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