Transcription
[Music] If separation occurs between a husband and wife, this results in legal rulings, just as when they get married, legal rulings result. Today, our discussion will be about some of these rulings, which are the rulings of the waiting period. What is the meaning of the waiting period? The waiting period is a duration in which a woman waits, a woman waits after separation. Why does she wait? To ascertain the purity of her womb, to know if she is pregnant. Or, her waiting might be for worship. She knows for certain that she is not pregnant, and yet she must observe the waiting period, as if she were menopausal, for example, 62 years old, or young. The waiting period might be to mourn her husband, to grieve for the deceased husband. If separation occurs between a man and a woman, this may be by divorce, or by annulment, or by the death of the husband. Let us begin by discussing separation by death. If the woman's husband dies, she must observe the waiting period, whether he had consummated the marriage with her or not. Death is not specific to those whose marriage has been consummated. A distinction is made between those whose marriage has been consummated and those who have not, as will be explained later. As for the one who was divorced before consummation, there is no waiting period upon her. However, the one who was divorced after consummation must observe the waiting period. But in separation by death, if the husband dies, the wife observes the waiting period absolutely, in all cases, even if the marriage had not been consummated. Then, this woman whose husband has died, she is either pregnant or not. If she is pregnant, her waiting period is until childbirth. When she gives birth, her waiting period ends. She might give birth after a month, and her waiting period ends then. Or she might give birth after six months, and her waiting period ends then. As for the non-pregnant one, and this one is called barren, barren meaning not pregnant. The one whose husband died while she was not pregnant, her waiting period is four months and ten days. Allah Almighty says: "And those of you who die and leave wives, they shall wait by themselves four months and ten days." This is her waiting period, whether she menstruates or not, old or young. This is her waiting period. And when we say four months and ten days, four months means four lunar months. How is the calculation of this waiting period? For example, the woman's husband died on the twenty-sixth of the month of Rajab, and she is not pregnant. If she were pregnant, we would say her waiting period is until childbirth. If she is not pregnant, how long is her waiting period? As we said, four months and ten days. So, if the month of Rajab, for example, has 30 days, then when Rajab ends, five days will have passed for her. Then she observes the waiting period in Sha'ban, Ramadan, Shawwal, and Dhu al-Qi'dah. When the month of Dhu al-Qi'dah ends, she will have observed four months and five days. So, five days will remain for her. After five days of Dhu al-Hijjah, her waiting period will have ended. She will have observed four months and ten days. Thus, we have discussed the waiting period for death. So, the summary of the matter is: if a woman's husband dies, she observes a waiting period of four months and ten days, unless she is pregnant, in which case she observes the waiting period until childbirth. Her waiting period ends with childbirth. However, if the separation was by divorce, khul', or annulment, then here we will look at whether this was before consummation or after consummation. If it was before consummation, there is no waiting period for the woman who was divorced before consummation. She does not observe a waiting period. Allah says: "O you who have believed, when you marry believing women and then divorce them before you touch them, then there is for you no waiting period to count." So, if the separation was by divorce, annulment, or khul' before consummation, there is no waiting period for the woman. However, if the separation was after consummation, she was divorced, for example, after consummation, then she must observe the waiting period. Or she sought khul' after consummation, then she must observe the waiting period. Annulment occurred after consummation, she must observe the waiting period. How long is the woman's waiting period here? Here also, we say the woman is either pregnant or not pregnant. The pregnant one here also, her waiting period ends with childbirth, as we said for the one whose husband has died. If she gives birth after a month, her waiting period has ended. If she gives birth after eight months, her waiting period has ended then. However, if she is not pregnant, there is a possibility. Either this woman is one who menstruates or one who does not menstruate. The one who does not menstruate includes the young girl, the young girl who has not yet menstruated, or the old woman who has not menstruated. Old woman who has not menstruated, but this is rare. It is rare for a woman to have never had menstrual bleeding at all. So, she might be young or old, but has not menstruated, or she is menopausal. Menopausal is when her bleeding has stopped and she has reached 60 years of age and no longer menstruates. This one is called menopausal. The woman who does not menstruate, whether young or old, does not menstruate, or is menopausal, her waiting period is three months. And as we said, three months means three lunar months. So, if she is divorced, for example, at the beginning of Safar, she observes the waiting period in Safar, Rabi' al-Awwal, and Rabi' al-Thani. When the third month passes, her waiting period has ended. If the woman is divorced in the middle of the month, not at the beginning of the month, in the middle of the month, divorced, for example, after ten days have passed from the month of Safar, how is the waiting period calculated here? When the month is not complete, the jurists say the month is broken. And if the month is broken, it is completed to thirty. What does this mean? It means her waiting period is the remainder of the month of Safar, and she observes the waiting period in Rabi' al-Awwal and Rabi' al-Thani, and then what completes 30 days from Jumada al-Ula. So, for example, if the month of Safar has 29 days, and she was divorced on the tenth, she has observed 19 days from it. So, 11 days remain for her to complete the number 30. She observes 11 days from Jumada al-Ula. However, if the divorced woman menstruates, her waiting period is three purifications. The woman, after menstruation, becomes pure, then menstruates, then becomes pure, and so on. If he divorces her while she is pure, not menstruating, this is the first purification. He might divorce her at its beginning or at its end. This is the first purification. Then she menstruates, then becomes pure. This becomes the second purification. Then she menstruates, then becomes pure. This is the third purification. And how does the third purification end? When she menstruates. So, when she menstruates, she has completed her waiting period. She has observed three purifications. Therefore, if he divorces her while she is menstruating, this causes her waiting period to be prolonged because the first purification begins only after the cessation of menstruation, so her waiting period is prolonged. And this divorce is considered a revocable divorce, and it is forbidden because the woman is harmed by it. But despite its prohibition, it occurs and counts as one divorce. So, the summary is that if the divorced woman, if this divorce occurred before consummation, she has no waiting period. If it occurred after consummation, we look. Either she is pregnant or not. If she is pregnant, her waiting period is until childbirth. If she is not pregnant, then either she is one who menstruates or one who does not menstruate. If she does not menstruate, her waiting period is three months. If she menstruates, her waiting period is three purifications. And praise be to Allah. May Allah Almighty bestow peace and blessings upon His Messenger. Ramadan is the opportunity of a lifetime, and a light throughout eternity, and it recounts the tenderness of the river. In it is the Night of Decree, illuminating our evenings, and a land that erases our sorrows, and it flows in our eyes. And from it is the splendor of dawn.