❖ Waiting Period (‘Iddah) for a Woman Who Obtains Khulʿ is One Menstrual Cycle – Explained with Evidences ❖
Source: Fatāwā ʿIlmiyyah, Volume 3, Chapter: Issues of Nikāḥ and Ṭalāq, Page 171
What is the prescribed waiting period (‘Iddah) for a woman who has obtained Khulʿ from her husband?
Is it the same as a normally divorced woman—i.e., three menstrual cycles or until childbirth—before she may remarry?
Please provide a detailed, evidence-based explanation. Jazākum Allāhu Khayran.
— A Questioner
الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
It is narrated from ʿAbdullāh ibn ʿAbbās رضي الله عنهما that:
The wife of Thābit ibn Qays رضي الله عنه (commonly identified as Ḥabībah bint Sahl رضي الله عنها) sought Khulʿ during the lifetime of the Prophet ﷺ.
The Messenger of Allāh ﷺ instructed her to observe a waiting period of one menstrual cycle.
Sunan al-Tirmidhī (1185) — graded Ḥasan Gharīb
Sunan Abī Dāwūd (2229)
al-Mustadrak li’l-Ḥākim (2/206, Ḥadīth 2825) — Ḥākim declared it authentic and al-Dhahabī agreed
This ḥadīth is considered ḥasan li-dhātihī (intrinsically sound).
Though Imām ʿAbd al-Razzāq narrated it in mursal form, this does not weaken the narration, and according to the principle of Ziyādah al-Thiqah (addition by a reliable narrator), this narration is sound in both mursal and musnad forms.
In Sunan al-Dāraquṭnī (Vol. 3, Page 255, Ḥadīth 3589), a narration with an authentic chain from Hishām ibn Yūsuf states:
"فجعل النبي صلى الله عليه وسلم عدتها حيضة"
The Prophet ﷺ fixed the waiting period of the woman who obtained Khulʿ as one menstrual cycle.
This narration is also ḥasan li-dhātihī and clearly proves that the waiting period for a woman who obtains Khulʿ is one ḥayḍ (menstrual cycle).
Rabiʿ bint Muʿawwidh رضي الله عنها obtained Khulʿ during the caliphate of ʿUthmān رضي الله عنه. When she inquired about the ‘iddah, he replied:
“You have no waiting period—unless your husband had recently been with you, then you must observe one ḥayḍ.”
He further stated:
“I am following the ruling of the Messenger of Allāh ﷺ concerning Maryam al-Mughāliyyah رضي الله عنها.”
Sunan al-Nasā’ī (Vol. 6, pp. 186–187, Ḥadīth 3528)
Sunan Ibn Mājah (Ḥadīth 2058)
Fatḥ al-Bārī, Ibn Ḥajar (Vol. 9, Page 99, Ḥadīth 5273)
Note: Maryam al-Mughāliyyah is understood to be the same woman who sought Khulʿ from Thābit ibn Qays, whom the Prophet ﷺ instructed to observe one ḥayḍ as waiting period. (See: al-Iṣābah, Vol. 1, Page 1766)
It is, however, possible that "al-Mughāliyyah" refers to a different woman. Wallāhu Aʿlam.
A narration states that Rabiʿ bint Muʿawwidh رضي الله عنها obtained Khulʿ, and her uncle (ʿUthmān رضي الله عنه) went to ask for a ruling. He was told she must observe one menstrual cycle as ‘iddah.
Initially, ʿAbdullāh ibn ʿUmar رضي الله عنهما held the opinion that a woman who obtained Khulʿ must observe three ḥayḍ periods. However, after hearing the fatwā of ʿUthmān, he retracted his opinion and said:
“He is the best among us and most knowledgeable.”
Muṣannaf Ibn Abī Shaybah (Vol. 5, Page 114, Ḥadīth 1845) – Authentic chain
This clearly proves that Ibn ʿUmar رضي الله عنهما withdrew his earlier opinion in favor of the one-ḥayḍ ruling.
From Imām Nāfiʿ (the freed slave of Ibn ʿUmar رضي الله عنهما):
Ibn ʿUmar رضي الله عنهما said: “The ‘iddah of a woman who obtains Khulʿ is one ḥayḍ.”
Muṣannaf Ibn Abī Shaybah (Vol. 5, Page 114, Ḥadīth 18455) – Authentic chain
The Ḥanafī and some other jurists opine that:
A woman who obtains Khulʿ must observe the same ‘iddah as a divorced woman—three menstrual cycles or until childbirth.
However, based on:
Authentic aḥādīth
The verdicts of the Rightly-Guided Caliph
The fatwās of Noble Companions
The stronger and correct view is:
A woman who obtains Khulʿ may remarry after completing one menstrual cycle.
(Issued on: 7 November 2009)
هٰذا ما عندي والله أعلم بالصواب
Source: Fatāwā ʿIlmiyyah, Volume 3, Chapter: Issues of Nikāḥ and Ṭalāq, Page 171
❀ Question:
What is the prescribed waiting period (‘Iddah) for a woman who has obtained Khulʿ from her husband?
Is it the same as a normally divorced woman—i.e., three menstrual cycles or until childbirth—before she may remarry?
Please provide a detailed, evidence-based explanation. Jazākum Allāhu Khayran.
— A Questioner
✔ Answer:
الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
✿ Evidence from the Ḥadīth of Ibn ʿAbbās رضي الله عنهما:
It is narrated from ʿAbdullāh ibn ʿAbbās رضي الله عنهما that:
The wife of Thābit ibn Qays رضي الله عنه (commonly identified as Ḥabībah bint Sahl رضي الله عنها) sought Khulʿ during the lifetime of the Prophet ﷺ.
The Messenger of Allāh ﷺ instructed her to observe a waiting period of one menstrual cycle.
Sunan al-Tirmidhī (1185) — graded Ḥasan Gharīb Sunan Abī Dāwūd (2229) al-Mustadrak li’l-Ḥākim (2/206, Ḥadīth 2825) — Ḥākim declared it authentic and al-Dhahabī agreedThis ḥadīth is considered ḥasan li-dhātihī (intrinsically sound).
Though Imām ʿAbd al-Razzāq narrated it in mursal form, this does not weaken the narration, and according to the principle of Ziyādah al-Thiqah (addition by a reliable narrator), this narration is sound in both mursal and musnad forms.
✿ Second Ḥadīth:
In Sunan al-Dāraquṭnī (Vol. 3, Page 255, Ḥadīth 3589), a narration with an authentic chain from Hishām ibn Yūsuf states:
"فجعل النبي صلى الله عليه وسلم عدتها حيضة"
The Prophet ﷺ fixed the waiting period of the woman who obtained Khulʿ as one menstrual cycle.
This narration is also ḥasan li-dhātihī and clearly proves that the waiting period for a woman who obtains Khulʿ is one ḥayḍ (menstrual cycle).
❀ Incident of Rabiʿ bint Muʿawwidh رضي الله عنها:
Rabiʿ bint Muʿawwidh رضي الله عنها obtained Khulʿ during the caliphate of ʿUthmān رضي الله عنه. When she inquired about the ‘iddah, he replied:
“You have no waiting period—unless your husband had recently been with you, then you must observe one ḥayḍ.”
He further stated:
“I am following the ruling of the Messenger of Allāh ﷺ concerning Maryam al-Mughāliyyah رضي الله عنها.”
Sunan al-Nasā’ī (Vol. 6, pp. 186–187, Ḥadīth 3528) Sunan Ibn Mājah (Ḥadīth 2058) Fatḥ al-Bārī, Ibn Ḥajar (Vol. 9, Page 99, Ḥadīth 5273)Note: Maryam al-Mughāliyyah is understood to be the same woman who sought Khulʿ from Thābit ibn Qays, whom the Prophet ﷺ instructed to observe one ḥayḍ as waiting period. (See: al-Iṣābah, Vol. 1, Page 1766)
It is, however, possible that "al-Mughāliyyah" refers to a different woman. Wallāhu Aʿlam.
✿ Validation by ʿAbdullāh ibn ʿUmar رضي الله عنهما:
A narration states that Rabiʿ bint Muʿawwidh رضي الله عنها obtained Khulʿ, and her uncle (ʿUthmān رضي الله عنه) went to ask for a ruling. He was told she must observe one menstrual cycle as ‘iddah.
Initially, ʿAbdullāh ibn ʿUmar رضي الله عنهما held the opinion that a woman who obtained Khulʿ must observe three ḥayḍ periods. However, after hearing the fatwā of ʿUthmān, he retracted his opinion and said:
“He is the best among us and most knowledgeable.”
Muṣannaf Ibn Abī Shaybah (Vol. 5, Page 114, Ḥadīth 1845) – Authentic chainThis clearly proves that Ibn ʿUmar رضي الله عنهما withdrew his earlier opinion in favor of the one-ḥayḍ ruling.
✿ Statement of Imām Nāfiʿ رحمه الله:
From Imām Nāfiʿ (the freed slave of Ibn ʿUmar رضي الله عنهما):
Ibn ʿUmar رضي الله عنهما said: “The ‘iddah of a woman who obtains Khulʿ is one ḥayḍ.”
Muṣannaf Ibn Abī Shaybah (Vol. 5, Page 114, Ḥadīth 18455) – Authentic chain❀ Views of Jurists and the Preferred Opinion:
The Ḥanafī and some other jurists opine that:
A woman who obtains Khulʿ must observe the same ‘iddah as a divorced woman—three menstrual cycles or until childbirth.
However, based on:
Authentic aḥādīth The verdicts of the Rightly-Guided Caliph The fatwās of Noble CompanionsThe stronger and correct view is:
A woman who obtains Khulʿ may remarry after completing one menstrual cycle.
(Issued on: 7 November 2009)هٰذا ما عندي والله أعلم بالصواب
