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Website of the Office of Grand Ayatullah Saanei :: Iddah of Divorce and Death (The waiting period following a divorce or death)

Iddah of Divorce and Death (The waiting period following a divorce or death)

Issue 1241: A wife who has not yet reached puberty and also a menopausal wife are not required to observe Iddah (a waiting period). It means that, even if the husband has had sexual intercourse with her, she can remarry immediately after being divorced.

Issue 1242: If a wife who has reached puberty and is not menopausal is divorced by her husband after sexual intercourse, it is necessary for her to observe the waiting period of divorce, that is, after getting divorced during the time of her purity from menstruation, she should wait till she has her menstrual period twice and becomes purified again, and thereafter, as soon as she has her menstruation for the third time, her Iddah will be over and she can remarry. If, however, a husband divorces his wife before having sexual intercourse with her, there is no waiting period for her and she can remarry another man immediately after being divorced.

Issue 1243: If a woman, who does not menstruate in spite of being at the age when women normally menstruate, is divorced by her husband after having sexual intercourse, she should observe Iddah for three months after divorce.

Issue 1244: If a pregnant woman is divorced, her Iddah lasts till the time of her baby’s birth or abortion. Hence, if, for example, she gives birth to a child one day after being divorced, her Iddah will be over.

Issue 1245: If a woman who has reached puberty and is not menopausal, enters into a contract of temporary marriage (for example, for one month or one year) and her husband has intercourse with her, and the period of her temporary marriage comes to an end, or her husband exempts her from the remaining period, she should observe Iddah. If she menstruates, to keep the Iddah, she should have two menstrual periods, and if she does not menstruate, she should wait for forty five days before remarriage.

Issue 1246: A woman whose husband is dead, if she is not pregnant, she should keep Iddah for four months and ten days, that is, she should not marry during that period even if she is menopausal or if their marriage has been a temporary marriage, or if he may not have had sexual intercourse with her. If, however, she is pregnant, she should observe the waiting period till the birth of the child; but if the child is born before the end of four months and ten days from the death of her husband, she should wait till the expiry of that period. This period is called the Iddah (waiting period) of death, and during this period, the expenses of the woman should be taken out of the deceased husband’s estate.

Issue 1247: It is illegal for a woman who is observing the Iddah of death to wear make up and any sort of adornment, even if it is just limited to wearing colorful dresses and using kohl around their eyes.

Issue 1248: The Iddah of death begins from the time when the wife learns about her husband’s death; however, it can also be considered as to begin from the time when he actually dies, just as it is the case with the Iddah of divorce.

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