Iddah of Divorce
2519. A wife who is under nine and who is in her menopause will not be required to observe any waiting period. It means that, even if the husband has had sexual intercourse with her, she can remarry immediately after being divorced.
2520. If a wife who has completed nine years of her
age and is not in menopause, is divorced by her husband after sexual intercourse,
it is necessary for her to observe the waiting period of divorce. The waiting
period of a free woman is that after her husband divorces her during her Pak
period, she should wait till she sees Haidh twice and becomes Pak. Thereafter,
as soon as she sees Haidh for the third time, her waiting period will be over
and she can marry again.
If, however, a husband divorces his wife before having sexual intercourse with her, there is no waiting period for her and she can marry another man immediately after being divorced, except if she finds traces of her husband's semen in her private part, then she should observe Iddah.
2521. If a woman does not see Haidh in spite of being the age of women who normally see Haidh, if her husband divorces her after sexual intercourse, she should observe Iddah for three months after divorce.
2522. If a woman whose Iddah is of three months, is
divorced on the first of a month, she should observe Iddah for three lunar months,
that is, for three months from the time the moon is sighted. And if she is divorced
during the month, she should observe Iddah for the remaining days in the month
added to two months thereafter, and again for the balance from the fourth month
so as to complete three months.
For example, if she is divorced on the 20th of the month at the time of sunset and that month is of 29 days, she should observe Iddah for nine days of that month and the two months following it, and for twenty days of the fourth month. In fact, the obligatory precaution is that in the fourth month, she should observe Iddah for twenty one days so that the total number of the days of the first month and the fourth month comes to thirty.
2523. If a pregnant woman is divorced, her Iddah lasts till the birth or miscarriage of the child. Hence, if, for example, she gives birth to a child one hour after being divorced, her Iddah is over. But this is in the case of a legitimate child of the husband who is divorcing. If the pregnancy is illegitimate, and her husband divorces her, the Iddah will not be over.
If a woman who has completed nine years of age,
and is not in menopause, contracts a temporary marriage, for example, if she
marries a man for a period of one month or a year and the period of her marriage
comes to an end, or her husband exempts her from the remaining period, she should
observe Iddah. If she sees Haidh, she should observe Iddah for two periods of
Haidh, and cannot marry again during that period.
But if she does not see Haidh, then she should refrain from marrying another man for forty five days. And if she is pregnant, she should observe Iddah till the birth or miscarriage of the child, or for forty five days and as a recommended precaution, she should wait for whichever period is longer.
2525. 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. Hence, if she comes to know after the end of the Iddah that she had been divorced, it is not necessary for her to observe Iddah again.