Explanation of Divorce with Waiting Period and what Makes Divorce Binding

“Abu Ja‘far (a.s.), has said, ‘Divorce according to Sunnah is the divorce which one pronounces once in a menses-free period during which sexual intercourse has not taken place. It is pronounced in the presence of two witnesses and leaves her until her menses-free period is over. When this period is over she becomes stranger to him and he is one of those who may propose marriage; if he likes he can marry or not marry. If he decides to go back to his wife there must be a witness to bear witness to his going back to his wife before her menses-free period is over so that she remains with him within the first divorce/ He (the narrator) has said that abu Basir narrated from abu ‘Abd Allah (a.s.), who stated this about the words of Allah, most Majestic, most Glorious. ‘Divorce is twice, thereafter one must keep her in proper manner or in kindness allow her to go/ (2:229) He (the Imam) has said that it is the second divorce and allowing with kindness to go/”

“Abu Ja‘far (a.s.), has said, ‘Divorce which is not according to Sunnah or not with waiting period does not have any valid effect.’ Zurarah has said that I then asked abu Ja‘far (a.s.), ‘Please explain to me divorce according to Sunnah and divorce with waiting period.’ He (the Imam) said, ‘For divorce according to Sunnah the man must wait until she experiences Hayd (menses) and becomes clean from Hayd (menses). When this happens he can divorce her in the presence of two witnesses without going to bed with her; then he leaves her until she experiences Hayd (menses) twice and her waiting period becomes complete. On her experiencing the third Hayd (menses) she becomes stranger to him. He then is one of those who may propose marriage; if he wants he can marry or not to marry. He must pay her maintenance as long as she is in her waiting period and they inherit each other during the waiting period.’ He (the Imam) said, ‘Divorce with waiting period is the divorce which Allah, most Majestic, most Glorious, has mentioned, ‘. . . .divorce them with waiting period and keep a count of the waiting period.’ (65:2) For this kind of divorce if a man wants to divorce his wife he must wait until she experiences Hayd (menses) and become clean of Hayd (menses) then divorce her one divorce in the presence of two just witnesses without going to bed with her. He then can go back to her on the same day if he likes or after several days or before she experiences Hayd (menses). He must have a witness for his going back to her. He can go to bed with her and live with her until she experiences Hayd (menses). When she experiences Hayd (menses) and becomes clean, divorce her in the presence of witnesses without going to bed with her. He then can go back to her again anytime he likes before she experiences Hayd (menses) for the third Hayd (menses). When she becomes clean of the third Hayd (menses) he divorces her in the presence of witness for the third time without sexual intercourse. When he does this she becomes stranger to him and he cannot marry her again before she marries another man.’ He (the Imam) was asked, ‘What happens if she does not experience Hayd (menses)?’ He (the Imam) said, ‘In such case she is divorced according to Sunnah.’”

“I once heard Abu Ja’far (a.s.) say, ’I love for a knowledgeable man, if he intends to divorce his wife, to do so in accordance with the Sunnah.’ He (the narrator) has said that he (the Imam) then said, ’This is that about which Allah, most Majestic, most Glorious, has said, ’...perhaps Allah thereafter will cause something to happen.’ (65:1) It means after divorce and waiting period a marriage with him, before the advance of the case to a marriage with another man.’ He (the Imam) said, ’How just and expansive this is for them both! It is best for him to divorce her while she is in a state of purity (not during menstruation) without having engaged in intercourse during that period, to pronounce one divorce in the presence of witnesses, and then to leave her until her waiting period ends—whether three months or three menstrual cycles (qurūʾ). Thereafter, he may propose to her again as a suitor among others.’”

“I once asked abu ‘Abd Allah (a.s.), about the divorce according to Sunnah. He (the Imam) said, ’For divorce according to Sunnah when a man wants to divorce his wife he must leave her, if he has gone to bed with her, until she experiences Hayd (menses), then becomes clean. When she becomes clean he can divorce her once in the presence of two witnesses then leave her for three cycles of Hayd (menses). When three Hayd (menses)-free periods are over she becomes stranger to him and he becomes one of those who may propose for marriage. He can marry if he wants or not marry. If he marries with a new mahr (dower) she can live with him for the two remaining chances when only one is complete. If he divorces her once more in the presence of two witnesses, in a Hayd (menses)-free period, without sexual intercourse and then leaves her until her Hayd (menses)-free periods are over. If they are over before he goes back to her she then becomes stranger to him with control on her affairs and is free to marry. Her previous husband is now one of those who may propose for marriage if he likes to marry or not to marry. If he marries with a new marriage with a new mahr (dower) she can live with him for one more chance. Two chances are complete. If he decides to divorce her once more, she then is not lawful for him until she marries another man. “For divorce with the choice to go back to her he waits until she experiences Hayd (menses) and becomes clean, he arranges two witnesses for divorce; then goes back to her and to bed with her then waits for the next Hayd (menses)-free period. When she experiences Hayd (menses) and becomes clean, he arranges two witnesses for divorce, after which he goes back to go to bed with her. He then waits until after her Hayd (menses)-free period she experiences Hayd (menses) and becomes clean. He then arranges for two witnesses for another divorce and thereafter she becomes unlawful for him to marry forever until she marries another man. She must complete a waiting period for three Hayd (menses)-free periods from the day of the third divorce. If he divorces once in a Hayd (menses)-free period in the presence of witnesses and waits until she experiences Hayd (menses) and becomes clean then divorces her before he goes back to her the second divorce is not a divorce. It is because he has divorced one who is divorced; she was a divorced woman from her husband and out of his authority until he goes back to her. When he goes back to her then marriage comes in his authority until he divorces for the third time. Upon divorcing her for the third time, the authority to go back to her goes out of his hand. When he divorces her in a Hayd (menses)-free period, in the presence of witnesses, then goes back to her and waits until one Hayd (menses)-free period ends without sexual intercourse. She then experience Hayd (menses) and becomes clean then he divorces her before sexual intercourse after going back to her his divorce as such is not a divorce. It is because he has divorced her for the second time in the first Hayd (menses)-free period and a Hayd (menses)-free period cannot be broken without sexual intercourse after going back to her. In the same way, the third divorce cannot take place except by going back to her. After going back then she experiences Hayd (menses) and a Hayd (menses)-free period. He then divorces in the presence of witnesses until there is Hayd (menses)-free period after every divorce with sexual intercourse is a Hayd (menses)-free period and cleansing by sexual intercourse then divorce takes place in the presence of witnesses.’”

“I once asked abu ‘Abd Allah (a.s.), about the divorce according to Sunnah and how a man can divorce his wife. He (the Imam) said, ‘He must divorce her in a Hayd (menses)-free period at a time when she can commence her waiting period, in the presence of witnesses without going to bed with her. If he divorces her once then leaves until her waiting period is complete, she then becomes stranger to him and he is one of those who may propose marriage. If he goes back to her she then is with him for two more divorces. If he divorces her for the second time and leaves until her waiting period is complete, she becomes stranger to him. If he arranges witness for his going back to her before her waiting period is complete she is then with him after two divorces and one more is left. If he divorces her for the third time she becomes stranger to him and is not lawful for him until she marries another man. She inherits him during the waiting period of the two previous divorces in which he had the right to go back to her.’”

“Abu Ja‘far (a.s.), has stated this Hadith. ‘The divorce which Allah, most Majestic, most Glorious, in His book has commanded to be formed and that which the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has established is that the man must remain away from the woman. When she experiences Hayd (menses) and becomes clean of her Hayd (menses), he must arrange two just witnesses for one divorce when she is clean of Hayd (menses) and sexual intercourse has not taken place. He has the right to go back to her as long as three menses cycles have not expired. Divorce other than being in this manner is invalid and is not a divorce/”