Part 25

The opinion which we mentioned is the best and easiest and it was delivered by “Umar bin Al-Khattab. The other opinion that a doubtful woman should stay until she reaches the age when she no longer menstruates is very difficult for people to adopt.

When a judge abrogates a woman’s marriage and her husband wants to return to her, is she entitled to a waiting period?

Q: A judge abrogates a woman’s marriage after giving birth to a baby because her husband no longer supports her financially for a long period of time. Three months later,

he wanted to return to her, is she entitled to a waiting period? It is well known that most women do not menstruate during the period of suckling the baby. Will she wait until the suckling period comes to an end and she menstruates once again?

A: All praise be to Allah. According to the unanimous agreement of the four Juristic Schools and others, she is entitled to a waiting period during which she must menstruate three times even if menstruation did not occur until the suckling period is over.

This is also the judgment of * Uthman bin ~ Affan and * Ali bin Abi Talib and none of the companions issues a different ruling. If the woman wants to give her baby to another woman to suckle him so that she may menstruate or even she has a medicine for that purpose, it is permissible to do so. Allah knows best.

A woman was divorced after giving birth to six

children. After divorce, she did not menstruate

for six months. Is it legal for her to marry

another man after this period?

Q: A woman used to menstruate when she was a virgin.

After her marriage, she gave birth to six children and

ceased to menstruate. She was divorced by her husband

while suckling her last baby. She stayed with her family

for six months and still she did not menstruate. Another

man proposed to her. They attended before a judge who 228

asked her about menstruation. She said that she had not menstruated years ago. The judge said: It is not legal for you to marry. Another judge made her marriage contract, but he did not ask her about menstruation. When a third judge was informed of the incident, he summoned the wife and the new husband, lashed him one hundred whips, told him that he had committed adultery and separated between them. The husband did not divorce. Is divorce effected?

A: All-praise be to Allah. If she no longer menstruates because of an illness or because of suckling a baby, she must wait until this reason is non-existent. If she does not know the reason for the cease of menstruation, she should wait for a year and then get married. This is the opinion of ~Umar bin Al-Khattab, Ahmed and Shafi*i. Thus her second marriage is invalid. The judge who separates between them is right. If we adopt the other opinion of Shafi and a judge made her marriage contract, no other judge has the right to separate between them. Besides, no

When a suckling woman has a medicine so that she may menstruate and she has already menstruated thrice, does her waiting period come to an end?

Q: When a divorced suckling woman felt that she did not menstruate a long time ago and she had a medicine so that

she may menstruate and she has already menstruated thrice, did her waiting period come to an end?

A: Yes, once she menstruated thrice, it came to an end. If she had a medicine so that she may menstruate and she has already menstruated, it is permissible. If she became hungry or tired and this led to menstruation, and she has already menstruated thrice, her waiting period came to end. Allah knows best.

A sick man divorces his wife but later denied that he had done so. Days later he died. Is the wife entitled to a death or divorce waiting period?

Q: A man got ill for a long time. He ordered his wife to get out of the house but she refused. Accordingly, he said: You are divorced. She got out and veiled herself. When he called her, she entered wearing her veil. When he asked her about the reason for such veil, she told him that he had divorced her. He denied and said that he had not divorced her. Days later, he died. Is she entitled to a death or divorce waiting period?

A: If he was fully aware during divorce, she is entitled to wait for both periods and she has the right to have her due share in his inherited properties. If he was absent-minded

and was not aware that he had divorced her, she is entitled _ to spend the death waiting period. Allah knows best.

Is a woman entitled to spend a death waiting period again if she did not spend it in her house?

Q: A woman used to get out of her house during the death waiting period out of necessity. Is she entitled to spend the waiting period again? Did she commit a sin?

A: Once four months and ten days passed after her husband’s death, the waiting period is over and she is not entitled to spend it again. If she was obliged to get out of her house during such period, she is not to be blamed for it. If she went out without any necessity, she should ask Allah for forgiveness and repent to Him, but she is not entitled to spend the waiting period again.

Is it permissible to engage a woman who spent just forty days out of the waiting period of her late husband?

Q: A man died and his wife spent forty days of his death waiting period. Then, she traveled to a faraway town. She

did not apply cosmetics or perfumes. Is it permissible to engage her?

A: All praise be to Allah. The death waiting period comes to an end after the lapse of four months and ten days. If there are still some days of this period, she should spend them in her house. She should not get out either at day or night except for a necessity. She should avoid applying cosmetics or perfumes either on her body or clothes. She is allowed to eat whatever food permissible. She can also meet any person permissible for her to meet. If aman proposed to her, she should not give him a clear-cut reply. Allah knows best.

If a wife intended to perform pilgrimage with her husband, but he died before travel, is it permissible for her to perform pilgrimage?

Q: If a wife intended to perform pilgrimage with her husband, but he died on Sha* ban, is it permissible for her to perform pilgrimage?

A: according to the unanimous agreement of the four Juristic Schools, it is not permissible for her to travel for pilgrimage during the death waiting period.

Suckling the baby When two sisters suckle the daughters of each other, is it prohibited for these daughters to marry their cousins?

Q: When two sisters suckle the daughters of each other, is it prohibited for these daughters to marry their cousins?

A: When a woman suckles another’s baby five times during the suckling period (the first two years), the (female) baby becomes her daughter. All the children of the suckling woman become brothers and sisters of this suckled baby whether they were born before or after suckling. None of the suckling woman’s sons should marry the girl suckled by his mother.

On the contrary, the suckled girl’s brothers can marry the daughters of the woman who suckled their sister, provided that such daughters were not suckled by their (the sons’) mother. Only the suckled girl is prohibited for the sons of the woman who suckled her.

Thus it is permissible for a man to marry the sister of his sister (by suckling) if he was not suckled by her mother and she was not suckled by his mother. As for the suckled girl, she should not marry any of the sons of the woman who suckled her according to the unanimous agreement of Muslim scholars.

The origin of this case is as follows:

The woman who - suckled this daughter becomes her mother. The mother’s sons are prohibited to marry this girl and they become her brothers. The woman’s brothers and sisters become her uncles and aunts. The woman’s husband becomes her father and his brothers and sisters become the girl’s uncles and aunts. The suckled girl becomes the daughter of the suckling woman who, in turn, becomes the grandmother of this girls’ children after her marriage. As for the suckled girl’s brothers, sisters, and parents, they are not affected by suckling according to the unanimous agreement of the four Juristic Schools.

Two men were suckled by the same woman, then one of them got married and he had a girl. Is it permissible for the other man to marry this girl?

Q: Two men were suckled by the same woman, then one of them got married and he had a girl. Is it permissible for the other man to marry this girl?

A: When a baby is suckled five times during the first two

years by a woman, she becomes his mother. All her

children, born before or after suckling him, are his

brothers. Suckling prohibits what birth prohibits as regards

marriage according to the Sunnah of the Prophet (peace Ix

upon him) and the unanimous agreement of Muslin: 234

scholars. Therefore, this man is not allowed to marry the other’s daughter just as he is not allowed to marry his brother’s daughter.

When a girl is suckled with her cousin, is it permissible for him to marry her sister?

Q: A man has two female cousins; one of them was suckled with him while the second was not. Is it permissible for him to marry the girl who was not suckled with him?

A: When a baby is suckled five times during the first two years by a woman, she is his mother and it is prohibited for him to marry any of her daughters born before or after he had been suckled, because they are his sister according to the unanimous agreement of Muslim scholars.

If a girl was suckled by a woman, she is not allowed to marry any of her sons. If the fiancé was not suckled by the mother of his fiancée neither was she suckled by his mother, it is permissible for them to marry each other according to the unanimous agreement of Muslim scholars. Allah knows best.

Is it permissible for the son of a suckling woman to marry the daughter of the girl who was suckled by his mother?