Islamic Rulings for Sisters
Mufti Fuzail Raza Attari
Does a revocable (rajꜤī) divorce change into three divorces after the waiting period (Ꜥiddah)?
What do the scholars of Islam say regarding the following:
1. Must a woman observe the waiting period (Ꜥiddah) after she is divorced once? The married couple in question have children.
Also, due to having an argument with her husband, the wife had been staying at her parent’s home for quite some time even before being divorced. In such circumstances, is she entitled to maintenance costs?
2. If a woman is issued one revocable (rajꜤī) divorce, her husband does not revoke this through his words or actions, and the waiting period ends; will the singular divorce become three divorces after the waiting period ends, or will it still count as one?
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَاب
1. If a husband issues one divorce to his wife with whom he has had intercourse, she must observe the waiting period. This is because after a nikāḥ ends or after a shabīh nikāḥ, a woman waiting for a specific period in which she cannot marry is referred to as the waiting period. This is applicable even in the case of being issued one divorce.
In relation to maintenance entitlement: if the woman in question stays at her parent’s home without her husband’s satisfaction with this, or she is not content with spending her waiting period in her husband’s home in accordance with Islamic law, she will be considered rebellious and disobedient by Islamic law itself. A husband is not responsible to cover the maintenance costs of such a woman. Yet, if she returns to her husband’s home to observe the rest of her waiting period, it is binding upon the husband to cover her maintenance costs for the remainder of the waiting period.
If a divorced woman wants to observe her waiting period at her husband’s home but he does not permit her to do so, he is liable to cover her maintenance costs for the waiting period. He will be sinful if he does not.
2. After one revocable divorce is issued, if the husband does not verbally or physically revoke this divorce during the waiting period, it changes into an irrevocable (bāˈinah) divorce upon the waiting period ending. In such circumstances, the woman no longer remains under the nikāḥ of her husband. The divorce will nonetheless be regarded as one and not change into three. If the husband marries the same woman with her approval and new bridal-money (mahr), he will now only have two divorces at his disposal.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
Vowing to recite یا رحمٰن 10,000 times
What do the scholars of Islam say regarding the following:
My son was ill and I vowed to recite یا رحمٰن 10,000 times if he regained his health. اَلْـحَمْـدُ لـِلّٰـه He has now recovered. Is it now necessary upon me to fulfil this vow?
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَاب
One of the conditions required to make a vow binding is for there to be something necessary (wājib) or obligatory (farḍ) from the category (jins) of the act one has vowed to do. Reciting یا رحمٰن is not something from whose category there is something necessary or obligatory. In the given scenario, it is not necessary upon you to recite یا رحمٰن 10,000 times. You will not be sinful for leaving this act out, although it is good to recite the litany as it shall earn you reward.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
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