Fatwa ID: 03872

Answered by: Shaykh Umer Khan

Question

A person said three times, “If individual A doesn't give me my money back within eight months, my wife is mutallaqa.” He said it with also throwing three rocks on the ground like one, two, and three. Individual A didn't give him his money back, in the ninth month from the time he said this, his wife got pregnant.

Now the question is, will her iddat be counted by وضع الحمل or by three haidh? It should be by haidh, right?

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

Due to the pregnancy, the ʻiddah (waiting period) will be based on وضع الحمل. In other words, the waiting period will last through childbirth and will end immediately after it. Allāh says: "And for those who are pregnant, their term is until they give birth." (Qur'ān, 65:4).

Only Allah knows best

Written by Shaykh Umer Khan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham