Annulment, Chapter 37 – Revocation of the Ruling Regarding Women Exempt from the Waiting Period (Iddah)
It is narrated from Ibn ‘Abbas, may Allah be pleased with him, that he said:
“Divorced women must observe a waiting period of three menstrual cycles before returning to their former husbands, and for women who have passed the age of menstruation but you are unsure [of whether they menstruate], their waiting period is three months.” From this verse, the ruling, “If you divorce them, there is no waiting period for them that you must count, so that they may cover themselves,” has been abrogated. [220]
EXPLANATION
(References: Al-i Imran 288, Talaq 4, and al-Ahzab 49)
According to the Hanafi school of jurisprudence, *halwat as-sahihah* (conjugal seclusion without intercourse) is considered equivalent to sexual relations.
*Halwat as-sahihah*: It is when a married man resides with his wife in marriage, without any Shari’ah-prescribed, sensory, or rational impediment. A Shari’ah impediment includes *ihram*, fasting, and menstruation. A sensory impediment includes illness. A rational impediment includes the presence of someone who would cause the spouse embarrassment. If a husband and wife reside together without one of these impediments, even if there is no physical contact, it is advisable to impose an ‘iddah upon the woman. (This is Shaykhzade’s commentary on this verse.)
The form of abrogation: In the first verse, the waiting period is mentioned as three *tuhur* (purifications); in the second verse, it is stated for those who have ceased to menstruate that their waiting period is three months. Then, in the third verse, it is stated that there is no waiting period required for women divorced without intercourse, which differs from the ruling of the second verse.