The issue of the waiting period of the wife who asks for Khul` (1):

Scholars differed about this issue whether she should observe the waiting period of the divorce or only the elapse of one menstrual period? The correct view is that she should wait for the pass of one menstrual period and held the following as a proof:

- It was reported in the Hadith of the wife of Thabit ibn Qays that the Prophet (peace be upon him) commanded her to wait until the elapse of one menstrual period and to join her family.

- That was supported also by the action of `Uthman ibn `Affan (may Allah be pleased with him) in the story of Ar-Rubayyi` bint Mu`awwidh. Yahya ibn Bakir reported that Al Layth ibn Sa`d reported from Nafi`, the freed slave of Ibn `Umar that he heard Ar-Rubayyi` bint Mu`awwidh ibn `Afra' while she was telling `Abdullah ibn `Umar that she asked for Khul` at the time of `Uthman then her uncle came to `Uthman and said: The daughter of  Mu`awwidh has asked for Khul` from her husband today, should she move to her family's house? `Uthman said: She should move and she has no inheritance or waiting period, but she should wait for one menstrual period if she wants to marry again for fear that she is pregnant. Thereupon, `Abdullah ibn `Umar said: `Uthman is the best and the most knowledgeable of us.

- The waiting period was made three menstrual periods in order to prolong the time of return to her husband and the husband takes full time to think again and takes her back in marriage during the waiting period. However, if there is no possibility of returning to her husband, the waiting period is just for making sure that she is not pregnant and one menstrual period is enough for that. (2)

Ibn Hazm said: `Uthman, Ar-Rubayyi`, her uncle who was from the grand Companions, and Ibn `Umar see that there is no waiting period in annulment of marriage by Khul`.

It was reported from Ibn `Abbas,  Aban ibn `Uthman, Ishaq, and Ibn Al Mundhir, as well as Ishaq ibn Rahawiyah and Imam Ahmad in one of his two views, and the choice of Shaykh-ul-Islam Ibn Taymiyah and his student Ibn Al Qayyim.

 

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(1) In addition to main references, see Majmu` Al Fatawa 32/322 and Zad Al Ma`ad 5/196.

(2) Ibn Al Qayyim said: People said: This cannot be compared by the one who is divorced three times because divorce has given one duration for the waiting period whether the divorce is revocable or irrevocable.

 

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