Category: Jurisprudence and Rulings (Fiqh)
Fatwa#: 36481
Asked Country: United States

Answered Date: Mar 07,2017

Title: Will I be sinful if my ex-wife went to school and work during Iddat?

Question

Ex Wife Iddat:

Assalamualaikum Mufti Saheb:

I married a woman over 6 years ago and we divorced a few months afterwards (3 talaaq). 

 

She ran away from my house back to her house 1 month after the marriage and never returned, and we agreed through mediation to a divorce. Based on what family have told me, this woman never practiced idaat: she returned to school and started working.

Is this a sin on myself? This was out of my control as she ran away from my house and never maintained contact with me 1 month after the marriage.

Jazakallah.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

We wish to outline a few points in the enquired situation:

  1. You state “we divorced…. (3 talaaq).” Based on this, the 3 Talaaqs occurred at the time you pronounced 3 Talaaqs. Thus, there was no need to mediate a divorce.
  2. The divorced women is obliged to observe ‘Iddah at the home she was living in during her marriage.
  3. You state “this was out of my control as she ran away from my house….”

Since you did not present a hindrance to her in observing her ‘Iddah at the required place, you will not be sinful and held accountable for your ex-wife’s actions.[1]  

And Allah Ta’āla Knows Best

Abdullah ibn Mohammed Aijaz

Student Darul Iftaa
Baltimore, USA 

Checked and Approved by,
Mufti Ebrahim Desai.



الدر المختار وحاشية ابن عابدين (رد المحتار) (3/ 536-538) [1]

(وتعتدان) أي معتدة طلاق وموت (في بيت وجبت فيه) ...... ولهما أن يسكنا بعد الثلاث في بيت واحد إذا لم يلتقيا التقاء الأزواج، ولم يكن فيه خوف فتنة انتهى.

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