النص المفهرس

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marry you, you are divorced", then each time that he marries her, divorce
will take place. Now, there is no way in which he can keep this woman.
Even if she marries another person, separates from him. and thereafter
remarries the first person, divorce will still take place.
3. A person says: "Whichever woman I marry, she is divorced." Based on
this, whichever woman he marries, divorce will take place. However, once
divorce takes place between him and a woman and he decides to re-marry
her, divorce will not take place this second time.
4. A person addressed a woman whom he had not married as yet saying: "If
you carry out a certain action, you are divorced." Such a condition is not
considered. If he marries her and she carries out that action, divorce will not
take place. This is because there is no way a person can divorce a woman
who he has not even married except by saying: "If I marry you, you are
divorced." Divorce cannot take place in any other way if the woman is not
married to him as yet.
5. If a person addresses his wife saying: "If you carry out a certain action,
you are divorced." "If you come near me, you are divorced." "If you enter
this house you are divorced." Alternately, he threatened to divorce her on
some other condition. In all these cases, if she carries out that action,
divorce will take place. As long as she does not carry out that action,
divorce will not take place. In all these cases, talâqur raj'î will take place,
in which the husband has the right to keep his wife without having to renew
the nikâh. However, if the person spoke in vague terms, talâqui bâ'in will
take place. For example, he said: "If you carry out a certain action, there
will be no relation between me and you." Once she carries out the action,
talâqul bâ'in will take place. This is on the condition that when the man
uttered these words, he intended divorcing her.
6. If he says: "If you carry out a particular action, you are divorced two
times, or three times", divorce will take place according to the number that
he specified.
7. A person said to his wife: "If you enter this house, you are divorced."
She entered the house and divorce took place. However, within her 'iddah,
he decided to keep her or he remarried her. Now if she enters the house,
divorce will not take place. However, if he said: "Each time that you enter
this house, you are divorced" or "Whenever you enter the house, then each
time you are divorced", then in such a case if she enters the house within
her 'iddah or after remarrying her, a second divorce will take place.

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Thereafter, within her 'iddah or after remarrying her, she entered the house
for a third time. A third divorce will take place. After this third divorce, it is
not permissible for him to remarry her. However, if she marries another
person, after separating from him, remarries her first husband, and then
enters the house, divorce will not take place.
8. A person said to his wife: "If you carry out a certain action, you are
divorced." Before she could carry out that action, he divorced her and
separated from her. After some time he remarried the same woman. After
marrying her she carried out that action which he had warned her against
during their previous marriage. In carrying out this action, divorce will take
place. However, if the woman carried out that action after her first divorce
and after completing her 'iddah, but before remarrying him, then by
carrying out that action after remarrying him, divorce will not take place.
But if she carries out that action after the divorce but within her 'iddah, a
second divorce will take place.
9. A person said to his wife: "If you experience hayd, you are divorced."
Thereafter she saw some blood. Upon seeing the blood, we will not pass
judgement of divorce. Instead, when she bleeds for three days and three
nights, only then will we say that divorce has taken place from the time that
her bleeding had commenced. But if the person said: "If you experience one
hayd, you are divorced", divorce will take place on the completion of her
hayd.
10. A person said to his wife: "If you fast, you are divorced." The moment
she commences her fast, divorce will take place. However, if he says: 'If
you keep one fast or if you fast for the whole day, you are divorced", then
divorce will only take place on the completion of the fast. If she breaks her
fast, divorce will not take place.
11. The wife decided to go out of the house. The husband said: "Don't go
now." She did not pay any heed to him. Upon this, the husband said: "If
you go outside, you are divorced." The ruling in such a case is that if she
goes outside at that very time, divorce will take place. But if she goes
outside later, divorce will not take place. This is because, when the husband
stopped her from going outside, he meant that she should not go now, and
does not mean that she must not go outside for the rest of her life.
12. A person said: "The day on which I marry you, you are divorced."
Thereafter, he married her at night. Even then, divorce will take place. This
is because in our normal conversation this means when I marry you, you
are divorced.

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Divorce issued by the Sick
1. While a person was sick, he divorced his wife. Prior to the expiry of her
'iddah, he passed away. This wife of his is entitled to receive her share of
inheritance from the wealth of her husband. This is irrespective of whether
he issued one divorce, two or three divorces. And irrespective of whether
he issued talâqur raj'î or talâqul bâ'in - she is still entitled to receive her
share of the inheritance. If the husband dies after the completion of her
'iddah, she will not receive any inheritance. Similarly, if the husband does
not die from this illness, but recovers and then falls ill again, even then she
will not receive any inheritance. This is irrespective of whether she had
completed her 'iddah or not.
2. The woman asked for a divorce-3 and the husband complied to her
request. Even then, the woman is not entitled to receive any inheritance
irrespective of whether the husband dies within her 'iddah or after it.
However, if he issues a talâqur raj'î " and passes away within her 'iddah,
she will be entitled to receive her share of the inheritance.
3. During his illness, the man said to his wife: "If you go outside, you are
divorced a talâqul bâ'in." Thereafter the woman went outside and talâqul
bâ'in took place. In such a case she will not receive any share of the
inheritance because she is the one who caused this talâqul bâ'in to take
place.
The husband (while ill) says: "If you eat any food, you are divorced a
talâqul bâ'in" or "If you offer your salât, you are divorced a talâqul bâ'in."
In such a case, if the husband passes away within her 'iddah, she will
receive her share of inheritance. This is because this divorce did not take
place through her choice. Eating food and offering salat are necessary
obligations, how can she leave them out?
If the husband issues a talâqur raj'î and he passes away within her 'iddah,
she will receive her share even in the first example. In short, if she receives
a talâqur raj'î, she will receive her share in all circumstances as long as the
husband passes away within her 'iddah.
237
This divorce refers to talâqul bâ'in.
238
This is irrespective of whether he gives her a talâqur raj'î without her asking for it, or
whether she asked for a talâqur raj'î or a talâqul bâ'in.

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4. A normal, healthy person said to his wife: "When you go out of the
house, you are divorced a talâqul bâ'in." She did not leave the house
immediately, but went outside when he fell ill. Due to this sickness, he
passed away within her 'iddah. Even then, she will not receive any share of
the inheritance.
5. A normal, healthy person said to his wife: "When your father comes
from overseas, you are divorced a talâqul bâ'in." At the time when her
father arrived, her husband was ill and passed away in that very illness. She
will not receive any share of the inheritance. But if he said the same thing
while he was sick, and passed away within her 'iddah, she is entitled to
receive her share of the inheritance.
Revoking a Talâqur Raj'î
1. When the husband issues one or two divorces that are raj'î, he has the
choice or right to revoke such a divorce before the expiry of the wife's
'iddah. In such a case, there is no need to renew the nikâh. The woman has
no choice in this matter - he can revoke the divorce irrespective of whether
she agrees or not. But if he issues three divorces, he has no choice of
revoking the divorce as explained previously.
2. The method239 of revoking the divorce is as follows: (1) he could inform
her in clear terms: "I am going to maintain you as my wife and I will not let
you go."240
(2) he could tell her: "I am taking you back into my nikâh". (3)
he could inform someone else without informing his wife that he has
decided to keep his wife and revoked the divorce.241 (4) he does not say
anything verbally, instead he has sexual intercourse with her, kisses her,
fondles her, touches her with the passions of youth. In all these cases, she
becomes his wife once again and there is no need to renew the nikâh.
3. When a person decides to revoke the divorce and keep his wife, it is
preferable to have a few people as witnesses so that if any differences or
problems occur at a later stage, none can deny any claims or make any
239
The preferable method of revoking a talâqur raj'î is to revoke it verbally, i.e. he must say: "I
revoke my divorce which I had uttered". This should be done in the presence of two witnesses.
240 If he only says: "I will not let you go", it will not be valid and will not be revoked. But if he
adds: "I am keeping you again" together with the previous words, it will be valid.
241
If he informs someone that he has revoked the divorce, it will not be sufficient. But if he.
adds that he is keeping his wife, it will be valid.

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allegations. If no witnesses are brought, the revocation will still be valid.
The object, which was to keep his wife, will be accomplished.
4. If the 'iddah of the wife has expired and then the husband decides to
revoke the divorce, it will not be possible. Now, if the wife agrees and is
happy to go back to her husband, the nikâh will have to be renewed. He
cannot keep her without remarrying her. Even if he keeps her, it will not be
permissible for the wife to live with him.
5. The 'iddah of talaq for the woman who experiences the monthly
menstrual periods is three hayd periods. When she completes three hayd
periods, her 'iddah expires. At the end of her third hayd period, if she stops
bleeding on the completion of the tenth day, then from that very moment
her 'iddah will expire and the right of revoking the divorce, which the
husband possessed, will be forfeited. This is irrespective of whether the
woman has already had a bath or not. However, at the end of her third hayd
period, if she stopped bleeding before 10 days, then as long as she does not
have a bath or as long as no salât becomes wajib on her, the husband will
have the right of revoking the divorce and she will become his wife once
again. But if she has a bath once the bleeding stops or she did not have a
bath, but one salât time passed and she did not offer her salât in that time
(i.e. qadâ' of one salât became wajib on her), then in both cases the right of
the husband will be forfeited. Now he cannot keep her without remarrying
her.
6. If a person divorces a woman with whom he has not engaged in sexual
intercourse as yet, even though he may have met her in private or seclusion,
then by divorcing her once, he does not have the right of revoking this
divorce. This is because the divorce that she gets in this case is actually a
talâqul bâ'in, as has been mentioned previously. Understand this well.
7. The couple met in privacy but the man confesses that he did not engage
in sexual intercourse with her. If he divorces her after this confession of his,
he does not have the right to revoke his divorce.
8. When a woman receives one or two talâqs that are raj'î (revocable), i.e.
in which the husband has the right of revoking his divorce, it is preferable
for such a woman to beautify herself and adorn herself with beautiful
clothes; perhaps her husband will be attracted towards her and thereby
revoke his divorce. But if she knows that he has no intention of revoking
the divorce, it will be preferable that when he enters the house he should
cough, clear his throat etc. so that if her body is exposed, she could cover it

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quickly and his sight does not fall on her private parts. 242
Once her 'iddah
expires, she should go and live elsewhere.
9. If the person has not revoked his divorce as yet, it is not permissible for
him to take his wife on any journey nor is it permissible for her to go with
him.
10. A woman has received one or two talâqul bâ'in, i.e. a divorce that is
irrevocable. The rule with regard to her is that if she wishes to marry
another person, she should do so after the expiry of her 'iddah. It is not
permissible for her to marry another person within her 'iddah. But if she
wishes to marry the same person (i.e. her husband who has divorced her),
she can marry him within the 'iddah as well.
'Îla' or Taking an oath on not going to one's wife
1. A person takes an oath and says: "I swear by Allah that I will not engage
in sexual intercourse", "I swear by Allah that I will never have sex with
you", "I take an oath that I will not have sex with you." Alternately, he
takes an oath that is similar in meaning to the above-mentioned oaths. The
rule with regard to this is that if he does not engage in sexual intercourse
with her, talaqul bâ'in will take place on the expiry of four months. 243
Without remarrying, they cannot live as husband and wife. But if the
husband breaks his oath within four months and has sexual intercourse with
his wife, divorce will not take place. However, he will have to pay the
kaffârah for breaking his oath. In the Sharî'ah, such an oath is called 'îlâ'
(which literally means "oath").
2. A person did not take an oath of not having sex with his wife forever,
instead he took an oath that he will not engage in sexual intercourse for a
period of four months and said: "I swear by Allah that I will not have sex
with you for four months." Even by specifying such a period, 'îlâ' will be
considered and the same rule will apply, i.e. if he does not engage in sexual
intercourse with her within four months, talâqul bâ'in will take place. If he
engages in sexual intercourse within four months, he will have to pay
kaffârah. The rules relating to kaffârah will be explained in a later chapter -
'Insha' Allah.
242
This is because if his sight falls onto the internal area of her private parts and he looks at
them with lust, the divorce will be revoked. Since he has no intention of revoking his divorce, she
should take precautions that his sight does not fall on her private parts.
243
Wherever mention of months appears, it refers to the lunar months.

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3. If a person takes an oath of not having sex with his wife for a period of
less than four months, 'îlâ' will not be considered. Even if the oath is taken
for just one day less than four months, 'îla' will not be considered.
However, if he takes an oath for a specified period (less than four months)
and then breaks this oath by engaging in sexual intercourse before the
expiry of the specified period, he will have to pay kaffârah for breaking the
oath. If he does not engage in sexual intercourse, divorce will not take place
and his oath will be fulfilled.
4. A person had taken an oath of four months and did not break it. On the
expiry of four months, divorce took place. After the divorce, he re-married
the very same woman. After the nikâh, if they do not engage in sexual
intercourse for a period of four months, there will be no harm in this and no
divorce will take place.
A person had taken an oath forever by saying: "I take an oath that I will not
have sex with you" or "I swear by Allah that I will never have sex with
you". He did not break this oath of his, on the expiry of four months,
divorce took place, thereafter he remarried her and after the marriage they
did not engage in sexual intercourse for four months. A second divorce will
now take place. If he remarries the same woman for a third time, the same
rule will apply over here as well. That is, if they do not engage in sexual
intercourse for a period of four months after remarrying for this third time,
a third divorce will take place. Now he will not be able to remarry her
without her first marrying another person. However, had they engaged in
sexual intercourse after the second or third nikâh, the oath would have
broken and no divorce would have taken place. However, he would have
had to pay the kaffârah for breaking his oath.
5. Furthermore, if three divorces took place in the three nikâhs, thereafter the
woman married another person, after being divorced from him and
completing her 'iddah she remarried her first husband, and again he did not
engage in sexual intercourse with her. Now, divorce will not take place
irrespective of how long he abstains from having intercourse with her.
However, if and when he engages in sexual intercourse with her, he will have
to pay the kaffârah for breaking his oath because he had taken the oath that
he will never engage in sexual intercourse and now he has broken this oath.
6. If a person issues a talâqul bâ'in to his wife and thereafter takes an oath
that he will not have sex with her, it will not be 'îla'. Now if he remarries
her and does not engage in sexual intercourse, divorce will not take place.

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However, if he engages in sexual intercourse, he will have to pay kaffârah
for breaking his oath. But if the person issues a talâqur raj'î and within the
'iddah he takes an oath that he will not have sex with his wife, it will be
'îlâ'. Now if he revokes his divorce and does not engage in sexual
intercourse, divorce will take place after four months. But if he has sex with
her, he will have to pay kaffârah for breaking his oath.
7. A person did not take an oath on Allah. Instead, he said: "If I have sex
with you, you are divorced." This will still be considered to be 'îlâ'. If he
has sex with her, a talâqur raj'î will take place and in such a case, he will
not have to pay the kaffârah for breaking his oath. If he does not engage in
sexual intercourse, a talâqul bâ'in will take place after four months.
The person says: "If I have sex with you, one hajj, one fast, RI in charity,
one qurbâni, etc. will become incumbent upon me." In all these cases, 'îlâ'
will be considered. If he engages in sexual intercourse, he will have to fulfil
whatever oath he had taken and it will not be necessary to pay any kaffârah.
If he does not engage in sexual intercourse, divorce will take place after
four months.
Khula' or Divorce at the instance of the wife
1. If it is not possible to bring about any conciliation between husband and
wife and the husband even refuses to divorce her, it is permissible for the
wife to give some money or her mahr to her husband and tell him to let her
go in exchange for that money. Alternatively, she could ask him to let her
go in exchange for the mahr that he is still owing her. In answer to her
request, the husband says: "I let you go." In saying so, one talâqul bâ'in
takes place. The man does not have the right to keep her back or to revoke
his divorce.
However, if the husband did not answer to her request in that very place
and instead he stood up and began walking or, he did not get up but the
wife stood up and began walking about, and only then did the husband say:
"Okay, I let you go", in such a case this is not considered. The request and
the reply to it have to be uttered in one place. Separating from one's
husband in such a manner is referred to khula' in the Sharî'ah.
2. The man says: "I grant you khula" and the woman replies: "I accept."
Khula' takes place. But if the woman did not reply at that very place -
instead, she stood up or did not even accept his khula', it will not be
considered. However, if the wife remained seated in her place and the man

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stood up after having said this, and the woman accepts the khula' after he
stood up, even then khula' takes place.
3. The man says: "I grant you khula" and the woman accepts. There was
no mention of any money or any other monetary compensation on the part
of the husband or the wife. Even then, whatever the man was owing to his
wife or whatever the wife was owing to her husband will be forgiven. If the
man still had a balance of the mahr to pay, it will be forgiven. If the woman
has already received the total amount due to her, she does not have to return
anything to the man. Despite all this, the man will have to feed, clothe and
provide shelter to her until the end of her 'iddah. However, if the woman
had said that she will not even take advantage of these benefits during her
'iddah, then they will also be forgiven.
4. When granting khula', mention of monetary compensation was also
made, e.g. the man says: "I grant you khula' in exchange for R100." The
woman accepted this. Khula' will be valid and it will be wajib on the
woman to pay the R100. She will have to pay this R100 irrespective of
whether she has received her mahr in full or not. If she had not received her
mahr as yet, she will not receive it now because it is considered to be
forgiven due to her acceptance of the khula'.
5. If the conflict between husband and wife has been caused by the
husband, it will be harâm and a major sin for him to grant khula' in
exchange for money or in lieu of the mahr that he is still owing. If he
happens to take any money, it is harâm upon him to utilise it. But if it is the
wife's fault alone, he should not take any compensation in excess of the
mahr that he had given. Instead, he should grant khula' in exchange for the
mahr alone, and not more than that. If he takes more than the mahr, it will
not be a good thing. At the same time, there is no sin in taking more.
6. The woman was not happy about khula'. The man forced her and
compelled her to make khula'. In other words, he beat her and threatened
her into making khula'. In such a case, divorce will take place but it will
not be wajib on the woman to give any monetary compensation. If the man
had an outstanding amount of mahr to pay, this will also not be forgiven
(he will have to pay it to her).
7. All the above rules will apply only when the word khula' was mentioned
or the following was said: (1) "Leave my life in exchange for R100, R1000,
etc.", (2) "Leave me in exchange for my mahr."
If the above-mentioned was not said and instead, the word divorce was
used, e.g. she says: "Divorce me in exchange for R100", this will not be

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khula'. If the man grants a divorce in exchange for that money, one talaqul
bâ'in will take place. In such a case, no rights or debts will be forgiven -
neither those that the man has to fulfil nor those that the woman has to
fulfil. If the man had not paid the mahr as yet, it will not be forgiven and
the woman can claim it. Furthermore, the man will take the R100 from the
woman.
8. The man says: "I am divorcing you in exchange for R100." This will be
dependent on the acceptance of the woman. If she does not accept, divorce
will not take place. If she accepts, one talâqul bâ'in will take place.
However, if she accepts after having changed her place, divorce will not
take place.
9. The woman says: "Divorce me!" The man replies: "Forgive me from
paying your mahr and all the other debts that I owe you, only then will I
divorce you." Upon this, the woman replied: "Okay I forgive you."
Thereafter, the man did not divorce her. In such a case, nothing will be
forgiven and he will still have to pay her all the money that he owes. If he
divorces her in that very place, he will be absolved from paying her
anything.
10. The woman says: "Give me three divorces in exchange for R300." In
reply to this, the man gives her only one divorce. In such a case, he will
receive only R100. If he gives her two, he will receive R200. If he gives all
three divorces, the woman will have to give R300. In all these cases, the
divorces that will take place will be talâqul bâ'in, because the divorce is in
exchange for some money.
11. An immature boy and a lunatic cannot make khula' with his wife.
Zihâr or Likening the wife to one's mother
1. A person says to his wife: "You are equal to my mother.","To me, you
are equal to my mother", "According to me, you are equal to my mother",
"According to me, now you are similar to my mother or like my mother". In
all the above cases, look at the intention of the person and what did he
mean by these words. If he meant that she is similar or equal to his mother
in respect and piety or that she is absolutely old just like his mother, equal
in age to her, etc. then there will be nothing wrong in saying all these things
and no rule will be enforced. Similarly, if he did not intend anything at the
time of uttering these words or did not mean what he said but merely
blurted these words out, even then no rule will be enforced.

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However, if the person intended divorce when he uttered these words or
intended separating his wife, then one talâqul bâ'in will take place.
The person did not intend divorcing her nor separating her, but merely
intended to inform her that: "Although you are my wife and although I am
not breaking up this nikâh, I will not have sex with you. I am making sex
with you harâm upon myself, you can merely eat, clothe yourself and live
with me - that is all." In short, he did not intend divorcing her but merely
made sex with her harâm upon himself. In the Sharî'ah, this is called zihâr.
The rule with regard to zihar is that this woman will remain in his nikâh.
However, as long as the man does not pay kaffârah, he cannot engage in
sexual intercourse with her, he cannot touch her with the passions of youth,
he cannot fondle her nor kiss her, etc. All this will be harâm. As long as he
does not pay the kaffârah, that woman will remain harâm upon him
irrespective of how many years pass. Once he pays the kaffârah, they can
now live as husband and wife without having to renew the nikâh. The
kaffârah for zihâr is given in the same manner that the kaffârah for not
fasting is given.
2. If the person engages in sexual intercourse before giving the kaffârah, he
will be committing a major sin. He must repent to Allah Ta'âlâ, seek His
forgiveness and make a firm resolution that he will not engage in sexual
intercourse again without having given the kaffârah. As for the woman, she
should ensure that as long as he does not pay the kaffârah, she should not
allow him to approach her.
3. If a person equals or likens his wife to his sister, daughter, aunt or any
other woman with whom nikâh is harâm forever, the same rule will apply.
4. A person says: "To me, you are equal to a pig." If his intention was that
of divorce or separating her, divorce will take place. If he intended zihâr,
i.e. he did not mean to divorce her but actually intended to make sexual
intercourse with her harâm upon himself, then in such a case no rule will
apply. Similarly, no rule will apply if he had no intention at all.
5. If the person does not engage in sexual intercourse for four months or
more after pronouncing the zihar and has not paid the kaffârah as yet,
divorce will not take place, i.e. it will not be 'îlâ'.
6. As long as the kaffârah is not fulfilled, it is not harâm to look at the wife or
to converse with her. However, it is not permissible to look at her private parts.
7. A person did not pronounce the zihâr forever. Instead, he specified a
certain period of time, e.g. he says: "To me, you are equal to my mother for

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four months or for one year." In such a case, zihar will be considered for
the period that he specified. If he wishes to engage in sexual intercourse
within this specified period, he will have to pay kaffârah. If he engages in
sexual intercourse after the specified period, he does not have to pay
anything and his wife will be halal for him.
8. Just as in divorce, if a person says 'Insha' Allah immediately after
pronouncing the zihâr, it will not be considered and no rule will apply.
9. An immature boy or a lunatic cannot pronounce the zihâr. If they
pronounce it, it will not be considered. Similarly, if a person pronounces
the zihar to a woman who is not his wife, it will not be considered. It will
still be permissible for him to marry such a woman.
10. If the zihâr is pronounced several times, e.g. a person says: "To me, you
are equal to my mother" and he says this two or three times, then each time
that the zihâr is pronounced, a separate kaffarah will have to be paid.
However, if the person repeated the zihâr merely to emphasize it and did
not intend pronouncing several zihârs, he will only have to pay one
kaffârah.
11. If a person has more than one wife and pronounces the zihâr to more
than one wife, he will have to pay a separate kaffarah for each wife.
12. When pronouncing the zihar, a person did not use the words: "equal",
"similar", "like". Instead, he said: "You are my mother" or "You are my
sister". This will not be zihar and his wife will not become harâm on him.
However, to say so is a sin. Similarly, it is not good to address one's wife
by shouting: "My sister! Do such and such work for me!" Despite this being
a sin and an evil habit, it is not zihâr.
13. A person says: "If I keep you, it's like keeping my mother", "If I have
sex with you, it's as though I am having sex with my mother". Zihâr is not
considered.
14. A person says: "You are harâm upon me just as my mother is harâm
upon me." If he intended divorce, it will take place. If he intended zihâr or
did not intend anything, zihâr will take place. Sexual intercourse with her
will be permissible after fulfilling the kaffarah.
2.244
Kaffârah
1. The kaffârah for zihâr is the same as that which was mentioned for
fasting. There is no difference between the two. We have mentioned these
244
If the person intended 'îla', it will be considered.

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masâ'il in detail in Part Three of Bahishti Zewar. Please refer to them. A
few necessary matters which were not mentioned previously will be
mentioned here.
2. If the man has the strength, he should fast consecutively for 60 days. He
should not miss any fasts in-between. As long as he does not complete
these fasts, he should abstain from engaging in sexual intercourse with his
wife. If he engages in sexual intercourse with that wife (i.e. the wife on
whom he had pronounced zihar), he will have to re-commence keeping the
60 fasts. This is irrespective of whether he engages in sexual intercourse
with her at night, during the day, intentionally or forgetfully. The same rule
will apply in all cases.
3. If a person commences fasting on the first day of a particular month
(Islamic month), he should continuously fast until the end of two months.
This is irrespective of whether the months are of 30 days each, whereby he
completes the 60 days, or whether they are less than 30 days each. In both
cases, the kaffârah will be fulfilled. However, if he did not commence
fasting at the beginning of the month, he will have to fast for a full 60 days.
4. If the person was fulfilling the kaffarah by fasting and forgetfully
engages in sexual intercourse with his wife prior to completing his
kaffârah, he will have to repeat his kaffârah.
5. If a person does not have the strength to fast, he should feed 60 poor
persons with two meals. Alternatively, he could give them dry groceries. If
he engages in sexual intercourse before he can complete feeding all the
poor persons, he will be committing a sin. However, he does not have to
repeat this kaffârah.
The different methods of feeding poor persons that have been mentioned in
Part Three are applicable over here as well.
6. A person had to fulfil two kaffârahs for two zihârs. He gave
approximately 4 kilos of wheat to each of the 60 poor persons under the
misunderstanding that he is actually giving each person 2 kilos for each
kaffarah. Even then, only one kaffarah will be fulfilled and the other will
still be outstanding. However, if the person had to fulfil two kaffârahs; one
for zihâr, and the other for fasting; then both his kaffârahs will be valid
even if he fulfils them together.
Li'ân - Allegation of Adultery
When the husband accuses his wife of adultery or rejects 2 particular child
as being his own child, then both the husband and wife have to go to a

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Shar'î judge. The judge will ask both of them to take an oath. First, the
husband will take the following oath: "I make Allah my witness and say
that I am speaking the truth with regard to the act for which I have accused
her." He should take this oath four times. The fifth time he must say: "If I
am lying, may Allah's curse descend upon me."
When the husband completes this, the wife must say the following four
times: "I make Allah my witness and say that he is lying with regard to the
act for which he is accusing me of." The fifth time she must say: "If he is
truthful in this accusation, may the wrath of Allah descend upon me."
Once both of them take this oath, the judge will separate them and one
talâqul bâ'in will take place. The child will not be attributed to this
husband, but will be given in the care of the mother. In the Sharî'ah, this
oath and counter-oath is known as li'ân.
Disappearance of the Husband
When a woman's husband disappears or goes missing and it is not known
whether he is alive or dead, then such a woman cannot enter into a second
marriage. Instead, she should remain waiting in the hope that her husband
will return. When she remains waiting until such a time that her husband
must have reached 90 years of age, we will give the ruling that he must
have passed away by now. Based on this, if a woman is still young and she
wishes to remarry, she must wait until her husband's age must have reached
90, thereafter she must complete her 'iddah, and then she can enter into a
second marriage. However, the condition for this is that the ruling that her
first husband must have passed away by now will have to be passed by a
Shar'î judge.2
245
'IDDAH
'Iddah after Talaq
1. When the husband divorces his wife or their nikâh is annulled through
khula', zihâr, 'îlâ' or any other way, or the husband passes away - then in
245
This is according to the Hanafi school of thought. However, the present day fatwa has been
issued on the basis of the Maliki school of thought. That is, once her husband disappears and she
wishes to remarry, she must approach a Shar'î judge (in the S. African context, she must approach
the Jamiatul Ulama) and the judge, after exhaustive search, will pass official judgement of his
death or disappearance. Following this judgement, she will wait for a period of four years and
thereafter observe the 'iddah of four months and ten days, after which she may remarry. For
further details, refer to al-Hîlatun Nâjizah.

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all these cases the woman has to remain in a house for a certain period of
time. As long as this period does not expire, she cannot go to any other
place nor can she marry another person. Once this period expires, she can
do whatever she wishes. This period of waiting is known as 'iddah.
2. When the husband divorces his wife, she will have to live in that very
house where she received the divorce until the end of three hayd periods.
She must not leave that house during the day nor at night. Nor can she
make nikâh with anyone else. Once she completes three hayd periods, her
'iddah will be complete and she can now go wherever she wishes. This rule
will apply irrespective of whether the man issued one divorce, two or three
divorces. And irrespective of whether he issued a talâqul bâ'in or a talâqur
raj'î. The same rule will apply in all cases.
3. If a young girl who has not commenced experiencing hayd, or an old
woman whose hayd has terminated is divorced, then their 'iddah will be
three months. They must observe the 'iddah for three months and thereafter
they can do whatever they wish.
4. A young girl who has not commenced experiencing hayd as yet was
divorced. She therefore commenced her 'iddah on the basis that it will be
three months. However, after a month or two she began experiencing hayd.
Her 'iddah will now be calculated from the time that her hayd commences.
She will therefore have to remain in 'iddah until the completion of three
hayd periods. Her 'iddah will not be complete until the completion of three
hayd periods.
5. If a woman is pregnant and her husband divorces her, she will have to
remain in that house until she delivers her child. This is her 'iddah. When
she delivers her child, her 'iddah will expire. Even if she delivers her child
a few days after being divorced, her 'iddah will expire.
6. If a woman is divorced while she is in her hayd, this hayd will not be
considered. Her 'iddah will only be complete on the expiry of three
additional hayd periods after the hayd that she is presently experiencing.
246
7. The 'iddah for divorce is only compulsory on the woman who is
divorced after her husband had engaged in sexual intercourse with her or,
they did not engage in sexual intercourse but they met in privacy and
solitude and thereafter her husband divorces her. This is irrespective of
whether they met in such a way that the total mahr becomes wajib or in
246 However, it should be noted that it is a sin to divorce a woman while she is in her hayd.

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such a way that the total mahr does not become wajib.247 In both cases, she
will have to observe the 'iddah.
If they did not meet in privacy and solitude and the person divorces her; she
does not have to observe the 'iddah.
8. A person mistakenly engaged in sexual intercourse with another woman
thinking her to be his wife. Thereafter it became known that she was not his
wife. This woman will also have to observe the 'iddah. As long as she does
not complete her 'iddah, she cannot even engage in sexual intercourse with
her actual husband nor can she permit him to do so. If they engage in sexual
intercourse, both of them will be sinning. The 'iddah of such a woman is
the same as that mentioned above. If the woman falls pregnant (due to the
intercourse with that man), she will have to observe the 'iddah until she
delivers the child. This child will not be illegitimate. His lineage will be
correct - he will be attributed to the person who had engaged in sexual
intercourse with this woman.
9. A person married a woman illegally, e.g. he marries a woman and later
he learns that her husband is alive and that he (i.e. her husband) had not
divorced her. Alternatively, this person and this woman come to know that
they had drank the milk of the same woman when they were infants The
rule in this regard is that if the man had engaged in sexual intercourse with
her, and after learning the truth, they were separated, she will still have to
observe the 'iddah. From the moment the man repents and chooses to
separate this wife, her 'iddah will commence. If they did not engage in
sexual intercourse, 'iddah will not be wajib. In fact, if they had met in
privacy and solitude, even then the 'iddah will not be wajib. 'Iddah will
only be wajib when they engage in sexual intercourse.
10. Feeding and clothing the woman while she is observing her 'iddah is
wajib on the very person who divorced her. This will be explained in detail
in a later chapter - 'Insha' Allah.
11. A person issued a talâqul bâ'in or three divorces to his wife. Thereafter,
while she was in her 'iddah, he mistakenly engaged in sexual intercourse
with her. Because of this, one additional 'iddah becomes wajib on her. She
will have to observe the 'iddah for an additional three hayd periods.248 On
the completion of these three additional hayd periods, both her 'iddahs will
be completed.
247 For further details refer to the chapter on mahr.
248
That is, from the time that they engaged in sexual intercourse, three hayd periods must be
completed.

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12. A person issued a talâqul bâ'in and he is also living in the house in
which the woman is observing her 'iddah. She will have to observe strict
purdah with him.
'Iddah after Death of the Husband
1. A woman's husband passed away. She must now observe the 'iddah for
four months and ten days. She must live in the house in which she was
staying at the time of her husband's death. It is not permissible for her to go
out of that house. However, if a woman is very poor and does not have the
resources to lead a normal life, and she takes up a job of cooking for
someone or takes up some other similar job, it will be permissible for her to
leave her house. However, she will have to spend the night in her home.
This 'iddah is applicable irrespective of whether sexual intercourse had
taken place or not, whether they had met in privacy or not, and whether she
experiences hayd or not. The same rule will apply in all cases. That is, she
will have to observe the 'iddah for four months and ten days.
However, if the woman was pregnant at the time of her husband's death, her
'iddah will be complete the moment she gives birth to the child. There is no
need to calculate according to the number of months. Even if she delivers
the child a few hours after her husband's death, her 'iddah will be complete.
2. The woman who is observing her 'iddah can live in any part of the
house. The custom of setting aside a specific place and setting aside a
specific bed for mourning, and remaining there in mourning and refusing to
come out of that place is all nonsense and meaningless. Customs of this sort
should be given up.
3. The husband was an immature child. At the time when he passed away,
his wife was pregnant. Even in this case her 'iddah will be until she
delivers the baby. However, this child is illegitimate. It will not be
attributed to the husband.
4. If the husband passed away on the first day of the lunar calendar and his
wife was not pregnant, her 'iddah will be four months and ten days. If he
did not pass away on the first day, she must calculate each month as 30
days and after the completion of four months and 10 days her 'iddah will be
complete.
The same rule applies to the 'iddah after divorce. That is, if the woman
does not experience hayd nor is she pregnant, and her husband divorces her

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on the first day of the lunar calendar, she must calculate three months
according to the lunar calendar. This is irrespective of whether the months
are of 29 days or 30 days. If she was not divorced on the first day, she must
calculate 30 days for each month until she completes three months.
5. A person's nikâh was performed in an unlawful manner, e.g. the marriage
was performed without any witnesses. Alternatively, a woman married her
brother-in-law while her sister was still married to him. Thereafter, the
husband passed away. Such a woman whose nikâh was not valid must not
observe the 'iddah of four months and 10 days. Instead, she must observe
the 'iddah of three hayd periods after her husband's death. If she does not
experience any hayd, she must observe the 'iddah for three months. If she
is pregnant, then until she delivers the child.
6. While a person was ill, he issued a talâqul bâ'in to his wife. Before she
could complete the 'iddah of talâq, her husband passed away. In such a
case we will have to see which of the two 'iddahs ( 'iddah after talâq or
'iddah after death) will take longer to complete. She will have to observe
the 'iddah that will take longer to complete.
If the husband issued a talâqur raj'î and he passed away prior to his wife
completing her 'iddah, it will be necessary on such a woman to observe the
'iddah for death. (i.e. four months and 10 days).
7. A woman's husband passed away but she did not receive the news of his
death. She only received the news after four months and 10 days. In such a
case her 'iddah will be complete. It is not necessary to observe the 'iddah
from the time one receives the news. Similarly, if the husband divorces his
wife and she does not know of this until after some time. When she is
informed of this the 'iddah which she would have had to observe had
already expired. Her 'iddah is also complete and there is no need to observe
the 'iddah now.
8. A woman had left her house for some work or to visit her neighbour.
While she was away, her husband passed away. She should immediately
return from that place and remain in the house in which she had been living
all along (with her husband).
9. When a woman is observing the 'iddah after the death of her husband,
she is not entitled to receive any food, clothing, etc. She must spend her
own money for this purpose.
10. In certain places there is a custom of observing the 'iddah for a full year
after the death of the husband. This is absolutely harâm.

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Mourning for the Dead
1. When a woman has been issued with a talâqur raj'î, her 'iddah is that she
cannot leave her home until the expiry of the period of 'iddah nor can she
marry anyone in this period. It is permissible for her to beautify and adorn
herself.
As for the woman who has been issued three talaqs, one talaqul bâ'in, or
her nikâh has broken in some other way - the ruling in all these cases is that
such a woman cannot leave her home until the expiry of her 'iddah, she
cannot marry anyone in this period nor can she beautify or adorn herself.
All these things are harâm upon her. Abstaining from this self-
beautification and remaining in a dishevelled and unkempt manner is
known as mourning.
2. As long as the 'iddah is not completed, it is harâm to carry out the
following acts:
(a) to apply perfume
(b) to scent clothing
(c) to wear jewellery and ornaments
(d) to wear or suspend flowers (eg. from the hair)
(e) to apply surmah (antimony)
(f) to redden the mouth by eating betel leaves
(g) to rub tooth powder (with the intention of
colouring the teeth)
(h) to apply oil to the head
(i) to comb the hair
(j) to apply henna
(k) to wear beautiful clothes
(1) to wear silk, dyed or colourful clothes.
However, if the clothes are not colourful, it will be permissible to wear
them irrespective of what colour they may be. The condition is that they
must not be clothes that are used to beautify oneself.
3. If a woman who is in mourning experiences a headache and therefore
feels it necessary to apply oil on her head, she may do so as long as the oil
is free of any fragrance. It is also permissible to apply surmah if it is
applied as a medication. However, this surmah will have to be applied at
night and removed the following morning. It is also permissible to massage

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the head or to have a bath. When necessary, it is also permissible to comb
the hair, e.g. after massaging the head or in order to remove some lice that
may have fallen onto the head. However, she should not allow her hair to
hang down over her face or forehead in a stylish way nor should she use a
very fine comb24
which causes the hair to become smooth and glossy.
Instead, she should use a comb with large teeth so that no beauty may
become apparent.
4. Mourning the death of the husband is only wajib on a woman who is
mature and not on an immature girl. All the above restrictions and
prohibitions are permissible for an immature girl. However, she is still
prohibited from leaving the home or entering into another marriage.
5. Mourning is not wajib on a woman who had entered into an invalid
marriage, whose nikâh was not performed in the proper manner and was
therefore separated from her husband or her husband passed away.
6. It is not permissible for a woman to mourn the death of anyone apart
from her husband's death. However, if her husband does not stop her, it will
be permissible to mourn the death of one of her close relatives for up to
three days and not more. It is absolutely harâm to mourn for more than
three days. If her husband prevents her from mourning even for three days,
she cannot do so for these three days as well.
Feeding and Clothing the Wife
1. It is wajib on the man to provide his wife with food and clothing.
Irrespective of how rich the wife may be, the responsibility of feeding,
clothing and providing shelter to the wife rests entirely on the shoulders of
the husband.
2. If the nikâh has been performed but she has not gone to live with her
husband as yet, she can still claim for the food and clothing. However, if
the husband wished to take her to his house and she did not go or was not
sent by her parents, then as long as she does not go, she will not be entitled
to ask for any food or clothing.
3. The wife is so young that she is incapable of engaging in sexual
intercourse. Despite this, if the husband takes her to his house so that she
249
In other words, if a large comb will suffice, a fine comb should not be used because a fine
comb causes the hair to look beautiful and attractive. However, if there is the need to use a fine
comb in order to get rid of lice, it will be permissible to use it and it will not be considered to be a
means of beautification.