How Long is the 'Iddah of a Woman Seeking Khul'?

Author: Ghulam Mustafa Zaheer Amn Puri

The 'iddah (waiting period) for a woman who seeks khul' is one menstrual cycle, because:

Thabit bin Qais bin Shamas's wife:

Jamila bint Abdullah bin Ubay was beaten by her husband Thabit bin Qais bin Shamas, resulting in a broken hand. Her brother approached the Prophet ﷺ to complain, upon which the Prophet ﷺ sent a person to convey:"Take back the dower you gave her and let her go," he agreed. Then the Prophet ﷺ ordered her to observe one menstrual cycle as 'iddah before joining her family.

[Sunan al-Nasa'i: 3527, and its chain is authentic]

Rabee' bint Mu'awwidh's testimony:


Ubadah bin Samit narrates that Rabee' bint Mu'awwidh bin 'Afra was asked about her story, she said, "I took khul' from my husband and then went to Uthman and asked him about the 'iddah period. He said, 'There is no 'iddah for you except if you have recently consummated the marriage, in which case you should wait for one menstrual cycle.' This ruling was in line with the decision of the Prophet ﷺ regarding Mariam al-Mughaliya, who had taken khul' from Thabit bin Qais."

[Sunan Ibn Majah: 2058, al-Sunan al-Sughra of al-Nasa'i: 3528, al-Sunan al-Kubra of al-Nasa'i: 5692, al-Mu'jam al-Kabir of al-Tabarani: 266/24, 265, and its chain is hasan]

Rabee' bint Mu'awwidh's own account:


Rabee' bint Mu'awwidh bin 'Afra narrates that she took khul' during the time of the Prophet ﷺ, and he or someone was instructed to observe 'iddah for one menstrual cycle.

[Sunan al-Tirmidhi: 1185, and its chain is authentic and authenticated by Ibn al-Jarud: 763]

Ibn Abbas's narration:


Ibn Abbas narrates that the wife of Thabit bin Qais took khul' during the time of the Prophet ﷺ, and he ordered her to observe one menstrual cycle as 'iddah.

[Sunan Abi Dawood: 2229, Sunan al-Tirmidhi: 1185, and its chain is authentic]

Imam al-Tirmidhi declared this hadith "hasan gharib".

Ibn Umar states:

"The 'iddah of a woman who takes khul' is one menstrual cycle."

[Muwatta Imam Malik narrated by Yahya: 565/2, Sunan Abi Dawood: 2230, and its chain is authentic]


Nafi' narrates:

"Ibn Umar used to say that she should observe 'iddah for three menstrual cycles until Uthman said otherwise, then he started issuing fatwas accordingly and said: 'Uthman is the best and most knowledgeable among us.'"

[Musannaf Ibn Abi Shaybah: 114/5, and its chain is authentic]

Note:


Imam al-Tirmidhi states:

"Most scholars from among the companions of the Prophet ﷺ and others say that the 'iddah of a woman who takes khul' is the same as that of a divorced woman, which is three menstrual cycles."

[Jami' al-Tirmidhi under hadith: 1185]


However, this statement of Imam al-Tirmidhi is subject to scrutiny, as it is not proven from any companion that the 'iddah of a woman taking khul' is three menstrual cycles. The narration from Ibn Umar shows his retraction, as he accepted Uthman's fatwa. Alhamdulillah! Imam Ishaq says:

"This opinion (that the 'iddah of a woman taking khul' is one menstrual cycle) is strong."

[Jami' al-Tirmidhi under hadith 1185]


Objection No. 1:​

Taqi Usmani Deobandi Hayati objects to the first hadith, stating:

"According to the majority, the word 'حَيضَة' (menstruation) in the hadith refers to the genus of menstruation. This is contradicted by some narrations that explicitly mention 'one' menstruation. This can be explained as a manipulation by the narrator, where the 'ة' (taa) in 'حَيضَة' does not signify singularity but rather the genus."

[Dars al-Tirmidhi by Taqi: 496/3]

Comment:


This is pure assertion. Followers of taqlid and hadith rejecters have a common approach of labeling a hadith as a "narrator's manipulation" when it contradicts their school of thought, thereby bringing the religion into disrepute without any hesitation. The word "حَيضَة" (menstruation) in this context is a noun of action and was originally "حَيض" (menstruation). The "ة" (taa) indicates singularity when it comes as the noun of action for a triliteral verb. If the noun of action does not have "ة" (taa) and singularity is intended, the "ة" (taa) is added, as in "رَحْمَة" (mercy).

Hypothetically:

If it is accepted that the "ة" (taa) indicates genus, and the genus includes singular, dual, and plural, we will take the genus as singular because singular is included within the genus. Uthman's fatwa aligns with the prophetic decision that the 'iddah for a woman who takes khul' is one menstrual cycle. Ibn Umar retracted his previous fatwa and accepted Uthman's ruling. Imam Ishaq considers this a strong opinion. Despite this, some people label the word "واحدة" (one) as a narrator's manipulation.

Objection No. 2:​

Taqi Usmani Deobandi raises another objection:

"This narration, being a single report, cannot override the Quranic text: 'And divorced women shall wait (as regards their marriage) for three menstrual periods.' [Surah Al-Baqarah: 228]"

[Dars al-Tirmidhi: 496/3]

Comment:


  1. This is clearly the approach of hadith rejecters. It has been used for centuries to reject hadiths, proving that the rejection of hadith is a product of blind following. The Quranic verse's ruling is general, just as the pregnant woman's 'iddah is an exception to the general rule: "For those who are pregnant, their 'iddah is until they deliver." [Surah At-Talaq: 4] Similarly, the 'iddah of a woman taking khul' is an exception to the general rule by the text of the hadith.
  2. According to the Hanafi school, it is agreed that the general text "عام مخصوص منہ البعض" can be specified by a single report because both are conjectural in nature.
  3. This verse pertains to divorce, while the hadith in question pertains to khul', which is a dissolution of marriage, not a divorce.
 
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