Divorcees shall wait 3 menses (
2:228), only if they had sex (
33:49), they looses rigths to their children when she remarry (Daw
2276) and if a woman asks for divorce without some strong reason, the odour of Paradise will be forbidden to her (Daw
2226, Tir
1187). A triple divorsee are illegal for her husband unless she had sex with another (Daw
2309, Buk
5260,
2:230). Beaten women cannot ask for divorce (buk
5825) and you can divoce a prepubescent wife even after intercourse (umdat
n9.2).
Chapter: Green clothes
Narrated `Ikrima:
Rifa`a divorced his wife whereupon `AbdurRahman bin Az-Zubair Al-Qurazi married her. `Aisha said that the lady (came), wearing a green veil (and complained to her (Aisha) of her husband and showed her a green spot on her skin caused by beating). It was the habit of ladies to support each other, so when Allah's Messenger (ﷺ) came, `Aisha said, "I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes!" When `AbdurRahman heard that his wife had gone to the Prophet, he came with his two sons from another wife. She said, "By Allah! I have done no wrong to him but he is impotent and is as useless to me as this," holding and showing the fringe of her garment, `Abdur-Rahman said, "By Allah, O Allah's Messenger (ﷺ)! She has told a lie! I am very strong and can satisfy her but she is disobedient and wants to go back to Rifa`a." Allah's Messenger (ﷺ) said, to her, "If that is your intention, then know that it is unlawful for you to remarry Rifa`a unless `Abdur-Rahman has had sexual intercourse with you." Then the Prophet (ﷺ) saw two boys with `Abdur- Rahman and asked (him), "Are these your sons?" On that `AbdurRahman said, "Yes." The Prophet (ﷺ) said, "You claim what you claim (i.e.. that he is impotent)? But by Allah, these boys resemble him as a crow resembles a crow," - Hadith Al Bukhari 5825 (islam)
O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release. - Quran Al-Ahzab(The Confederates) 33:49 (islam)
And those who no longer expect menstruation among your women - if you doubt, then their period is three months, and [also for] those who have not menstruated. And for those who are pregnant, their term is until they give birth. And whoever fears Allah - He will make for him of his matter ease. - Quran At-Talaq(Divorce) 65:4 (islam)
Divorced women remain in waiting for three periods, and it is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands have more right to take them back in this [period] if they want reconciliation. And due to the wives is similar to what is expected of them, according to what is reasonable. But the men have a degree over them [in responsibility and authority]. And Allah is Exalted in Might and Wise. - Quran Al-Baqarah(The Cow) 2:228 (islam)
Chapter: Who Has More Right To Take The Child ?
'Amr b. Shu'aib on his father's authority said that his grandfather (Abdullah ibn Amr ibn al-'As) reported:
A woman said: Messenger of Allah, my womb is a vessel to this son of mine, my breasts, a water-skin for him, and my lap a guard for him, yet his father has divorced me, and wants to take him away from me. The Messenger of Allah (ﷺ) said: You have more right to him as long as you do not marry. - Hadith Abu Dawud 2276 (islam)
Quran Al-Baqarah(The Cow) 2:229 (en en2 tfs tfs2) Divorce (22) On divorce either keep or release her but there is no blame that she ransoms herself
Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment. And it is not lawful for you to take anything of what you have given them unless both fear that they will not be able to keep [within] the limits of Allah. But if you fear that they will not keep [within] the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself. These are the limits of Allah, so do not transgress them. And whoever transgresses the limits of Allah - it is those who are the wrongdoers. - Quran Al-Baqarah(The Cow) 2:229 (islam)
Chapter: Regarding Khul'
Narrated Thawban:
The Prophet (ﷺ) said: If any woman asks her husband for divorce without some strong reason, the odour of Paradise will be forbidden to her. - Hadith Abu Dawud 2226 (islam)
Hadith Tirmidhi 1187 (en en2) Divorce (22) If a woman seeks a Khul (divorce) without cause, the scent of Paradise will be unlawful for her
Chapter: What has been related about the women who seek a Khul'
Thawban narrated that :
The Messenger of Allah said: "Whichever woman seeks a Khul from her husband without harm (cause), then the scent of Paradise will be unlawful for her." - Hadith Tirmidhi 1187 (islam)
Hadith Abu Dawud 2309 (en en2) Divorce (22) A three times divorcee is not lawful anymore for here husband until she marries and divorces another
Chapter: The Thrice Divorced Woman Cannot Return To Her Husband Until She Re-Marries
Narrated Aisha, Ummul Mu'minin:
The Messenger of Allah (ﷺ) was asked about a man who divorced his wife three times, and she married another who entered upon her, but divorced her before having intercourse with her, whether she was lawful for the former husband. She said: The Prophet (ﷺ) replied: She is not lawful for the first (husband) until she tastes the honey of the other husband and he tastes her honey. - Hadith Abu Dawud 2309 (islam)
Hadith Ibn Majah 1933 (en en2) from the Prophet, concerning a man who had a wife then divorced her, then another man married her but divorced her before consummating the marriage. Could she go back to the first man? He said: “No, not until he tastes her sweetness.” - Hadith Ibn Majah 1933 (islam)
Hadith Al Bukhari 5260 (en en2) Divorce (22) You cannot return to your ex husband until you consummate your marriage with your new husband
Chapter: To divorce one's wife thrice (at a time)
Narrated `Aisha:
The wife of Rifa`a Al-Qurazi came to Allah's Messenger (ﷺ) and said, "O Allah's Messenger (ﷺ)! Rifa`a divorced me irrevocably. After him I married `Abdur-Rahman bin Az-Zubair Al-Qurazi who proved to be impotent." Allah's Messenger (ﷺ) said to her, "Perhaps you want to return to Rifa`a? Nay (you cannot return to Rifa`a) until you and `Abdur-Rahman consummate your marriage." - Hadith Al Bukhari 5260 (islam)
Quran Al-Baqarah(The Cow) 2:230 (en en2 tfs tfs2) Divorce (22) You can't remarry until she has married, had sex and divorced another man
And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him. And if the latter husband divorces her [or dies], there is no blame upon the woman and her former husband for returning to each other if they think that they can keep [within] the limits of Allah. These are the limits of Allah, which He makes clear to a people who know. - Quran Al-Baqarah(The Cow) 2:230 (islam)
The wife is bound by the law as long as her husband liveth; but if her husband be dead, she is at liberty to be married to whom she will; only in the Lord. - Bible 1 Corinthians 7:39 (bible)
Bible 1 Corinthians 7:10-11 (en) Divorce (22) A wife must not separate from her husband, there will be no divorce
[10]And unto the married I command, yet not I, but the Lord, Let not the wife depart from her husband:
[11]But and if she depart, let her remain unmarried, or be reconciled to her husband: and let not the husband put away his wife. - Bible 1 Corinthians 7:10-11 (bible)
Bible 1 Corinthians 7:15 (en) Divorce (22) Divorce is acceptable to the believers if their unbelieving spouse leaves
But if the unbelieving depart, let him depart. A brother or a sister is not under bondage in such cases: but God hath called us to peace. - Bible 1 Corinthians 7:15 (bible)
[31]It hath been said, Whosoever shall put away his wife, let him give her a writing of divorcement:
[32]But I say unto you, That whosoever shall put away his wife, saving for the cause of fornication, causeth her to commit adultery: and whosoever shall marry her that is divorced committeth adultery. - Bible Matthew 5:31-32 (bible)
Bible Matthew 19:8-9 (en) Divorce (22) Moses permitted divorces because your hearts were hard
[8]He saith unto them, Moses because of the hardness of your hearts suffered you to put away your wives: but from the beginning it was not so.
[9]And I say unto you, Whosoever shall put away his wife, except it be for fornication, and shall marry another, committeth adultery: and whoso marrieth her which is put away doth commit adultery. - Bible Matthew 19:8-9 (bible)
Bible Luke 16:18 (en) Divorce (22) Anyone who divorces his wife and marries another woman commits adultery
Whosoever putteth away his wife, and marrieth another, committeth adultery: and whosoever marrieth her that is put away from her husband committeth adultery. - Bible Luke 16:18 (bible)
Bible Matthew 5:28 (en) Divorce (22) Anyone who looks at a woman lustfully has already committed adultery in his heart
But I say unto you, That whosoever looketh on a woman to lust after her hath committed adultery with her already in his heart. - Bible Matthew 5:28 (bible)
[11]And he saith unto them, Whosoever shall put away his wife, and marry another, committeth adultery against her.
[12]And if a woman shall put away her husband, and be married to another, she committeth adultery. - Bible Mark 10:11-12 (bible)
A waltmg 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 (def: n7. 7). If the husband was alone with her but did not copulate with her, and then divorced her, there is no waiting period. - Fiqh Umdat n9.2 (islam)
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. (N: 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.) - Fiqh Umdat n9.9 (islam)
3
1
