‘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 or ‘Iddah. 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 or ‘Iddah of divorce. The waiting period of a woman is that after her husband divorces her during her Pak period, even if the Pak period is very few, she should wait till she sees Hayz twice and becomes Pak. Thereafter, as soon as she sees Hayz for the third time, her waiting period will be over and she can marry again.
If, however, a husband divorces his wife after getting married and before having sexual intercourse with her, there is no waiting period for her and she can marry another man immediately after being divorced.
2521. If a woman does not see Hayz in spite of being the age of women who normally see Hayz, if her husband divorces her, 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, and as per obligatory precaution, 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 woman who is pregnant with a legitimate child 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 if the pregnancy is illegitimate, whether it is from adultery or doubt (Wati Shub’hah), ‘Iddah of divorce of a woman does not come to an end with the birth of the child. Yes, indeed, the ‘Iddah of doubt (Wati Shub’hah) ends with the birth of the child and there is no ‘Iddah for adultery and fornication.
2524. 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 her husband has a sexual intercourse with her, 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 Hayz, it is obligatory upon her to observe ‘Iddah for two periods of Hayz.
But if she does not see Hayz, then she should refrain from marrying another man for forty-five days.
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.