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.
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:
- 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.
- The divorced women is obliged to observe ‘Iddah at the home she was living in during her marriage.
- 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.