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Subject: Re: Khulah Author: Laila Nasheeba [ Next Thread | Previous Thread | Next Message | Previous Message ] Date Posted: 17:34:30 11/02/02 Sat Author Host/IP: dhcp024-210-245-129.woh.rr.com/24.210.245.129 In reply to: ummi 's message, "Khulah" on 16:19:11 11/02/02 Sat As Salaamu Alaikoum, Praise be to Allah. With regard to the ‘iddah following khula’, the correct scholarly view is that it is one menstrual cycle, as is indicated by the Sunnah: It was narrated from Ibn ‘Abbaas that the wife of Thaabit ibn Qays ended her marriage to her husband by means of khula’ at the time of the Prophet (peace and blessings of Allaah be upon him). The Prophet (peace and blessings of Allaah be upon him) commanded her to observe an ‘iddah of one menstrual cycle. (Narrated by al-Tirmidhi, 1185; Abu Dawood, 2229. Also narrated by al-Nasaa’i (3497) from the hadeeth of al-Rabee’ bint ‘Afra’. The two hadeeth were both classed as saheeh by Ibn al-Qayyim, as we shall see below). Ibn al-Qayyim (may Allaah have mercy on him) said: In the fact that the Prophet (peace and blessings of Allaah be upon him) commanded the woman who ended her marriage to her husband by khula’ to observe an ‘iddah of one menstrual cycle, there is evidence for two rulings: The first is that she does not have to wait for three menstrual cycles, rather one menstrual cycle is sufficient. Just as this is clearly the Sunnah, it was also the view of Ameer al-Mu’mineen ‘Uthmaan ibn ‘Affaan, ‘Abd-Allaah ibn ‘Umar ibn al-Khattaab, al-Rabee’ bint Mu’awwadh and her paternal uncle, who was one of the greatest Sahaabah. We do not know of anyone who held a different opinion, as al-Layth ibn Sa’d narrated that Naafi’ the freed slave of Ibn ‘Umar heard al-Rabee’ bint Mu’awwadh ibn ‘Afra’ telling ‘Abd-Allaah ibn ‘Umar (may Allaah be pleased with him) that she had ended her marriage to her husband by khula’ at the time of ‘Uthmaan ibn ‘Affaan, and her paternal uncle had come to ‘Uthmaan ibn ‘Affaan and said, The daughter of Mu’awwadh ended her marriage to her husband by khula’ today, so should she move (from the marital home)? ‘Uthmaan said, She should move, and there is no inheritance between them, and she does not have to observe any ‘iddah, but she should not remarry until one menstrual cycle has passed, lest she be pregnant. ‘Abd-Allaah ibn ‘Umar said: and ‘Uthmaan was the best of us and the most knowledgeable. This view was also shared by Ishaaq ibn Raahawayh and Imaam Ahmad, according to one report narrated from him. It was also the view favoured by Shaykh al-Islam Ibn Taymiyah. Those who supported this view said: this is in accordance with the principles of sharee’ah. So the ‘iddah in the case of khula’ is what is indicated by the Sunnah, namely one menstrual cycle. AND ALLAH KNOWS BEST Laila Nasheeba [ Next Thread | Previous Thread | Next Message | Previous Message ]