Due to a quarrel that took place


559

Q: What is your opinion regarding a man who pronounced one single divorce without telling his wife? The witnesses also did not tell her about this divorce, which took place six months ago. He did not intend to take her back in marriage. She lived with her mother and son in one of the rooms of the house while he lived in another room in the same house. No sexual relations took place during this period. In most cases, she ate with (Part No. 20; Page No. 17) her mother and son. The husband was served by a female servant. He only dined with his wife when they entertained guests at home or when necessity called. He provided her with the basic needs of life, but he did not engage in sexual intercourse with her. The reason why he did not tell her about the divorce was that their son was in the secondary school and may be shocked and thus fail his exams if he heard about it. It should be noted that the wife has other married sons and daughters who live in separate houses. What is the ruling on that? Please give us your Fatwa (legal opinion issued by a qualified Muslim scholar). May Allah grant you reward! As the husband is already dead, his son asks about the validity of this divorce.


A: If the reality is as mentioned, the divorce has taken effect as one single divorce. If the wife's `Iddah (woman's prescribed waiting period after divorce or widowhood) has expired before the husband's death or if the divorce happens to be the third pronouncement of divorce, the wife does not have to observe Hidad (prescribed mourning period during which a widow does not adorn herself and keeps to the home of her deceased husband). She will be entitled to no share of inheritance in the property he left behind. If she happens not to menstruate three times before his death and it is not known that the husband had divorced her twice before, she has to stop observing the `Iddah (Part No. 20; Page No. 18) prescribed for divorce and starts Hidad. She is also entitled to inherit from the property he left behind. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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Yasser Al-Dosari