If a women gets a divorce, is there a certain amount of time that she has to spend at home. If so how long does she have to stay in her home and if she does not stay what happens?
Question
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If a women gets a divorce, is there a certain amount of time that she has to spend at home. If so how long does she have to stay in her home and if she does not stay what happens?
Answer
Q. Kindly explain to me what is Talaaq-e-Raj'ee and Talaaq-e-Baain and their implications.
A: Talaaq-e-Raji is when a divorce is issued with a word having an express meaning of divorce, for example, "I divorce you". The implication of such a talaaq is that it can be revoked within the iddat period of three menses if experiencing menses or alternatively of three months if not experiencing menses and not conceived. If conceived, the iddat will be till birth. There is no need to remarry in order to reconcile. After the expiry of the iddat, the talaq-e-Raji is converted to a Talaq-e-Baain.
Talaq-e-Baain is when a divorce is issued with a word having an indicative meaning of divorce with the intention of divorce, for example, "Go away", "I don't want you". The implication of such a divorce is that it cannot be revoked even within the iddat period. A re-performance of nikkah is necessary for a reconciliation. If the husband issued three divorcwes simultaneously or separately in one sitting or diffrent sittings, it will be valid and the husband and wife become strangers to one another. They cannot reconcile. However, if two or three talaaq-e-Baains were issued simultaneously or separately in one sitting or different sittings then only it will be regarded as one talaaq-e-Baain only.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
FATWA DEPT.
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- Mufti Ebrahim Desai
Where scholars differ, it’s safer to take the more cautious view.
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/1025
Fatawa SA: https://fatawa.co.za/fatwa/askimam-1025
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