The Ruling on Marrying Widows or Women Who Have Been Irrevocably Divorced During Their ʿIddah Period

In the Name of Allāh, the Ever Merciful, the Bestower of Mercy

A question was posed concerning the two-hundred and thirty-fifth verse of the second chapter of the Qurʾān (2:235), wherein the Almighty (رب العزة والجلال) proclaims:

“There is no blame upon you for that to which you [indirectly] allude concerning a proposal to women or for what you conceal within yourselves. Allah knows that you will have them in mind. But do not promise them secretly except for saying a proper saying. And do not determine to undertake a marriage contract until the decreed period reaches its end. And know that Allah knows what is within yourselves, so beware of Him. And know that Allah is Forgiving and Forbearing.”

(Sūrah al-Baqarah – 2:1).

Question [adapted]:

I want to know about the meaning of this verse. And what is the ruling on marrying widows or women who have been irrevocably divorced (given three divorces) during the ʿiddah period?

Answer:

The protocols detailed within this verse concerns widows or women who have been given three divorces (those who have been irrevocably divorced). Regarding such women, Allāh says, “There is no blame upon you for that to which you [indirectly] allude concerning a proposal to women or for what you conceal within yourselves. Allah knows that you will have them in mind”.

This means that you can give hints to such women during their ʿiddah period that you wish to marry them, such as through making statements like “I would like to get married soon”, or “I am planning to marry”, or “I’m looking for a good, righteous/upright woman to marry” (i.e. hinting for future consideration of marriage but not one that’s to be immediately decided or arranged).

Allāh then says, “But do not promise them secretly except for saying a proper saying. And do not determine to undertake a marriage contract until the decreed period reaches its end”.

So while you are permitted to give hints, you are not permitted to devise/construct/formulate a marriage contract with them or consummate the marriage before the woman’s ʿiddah is over. This is regarding a woman who is widowed or has been thrice divorced.

But as far as women who have only been once-divorced or twice-divorced by their husbands are concerned, then it is not permissible to make even a hint of betrothal to them during their ʿiddah period. The reason for this is because until the ʿiddah period is over for a woman who hasn’t been irrevocably divorced, the husband retains a right upon her and may take her back as his spouse. 

The ruling regarding marrying widows or women who have been irrevocably divorced (given three divorces) during the ʿiddah period is that it is impermissible and that they must be separated, irrespective of whether or not the marriage has been consummated (irrespective of whether he has sexual intercourse with her or is alone with her or touches her with desire). It is permissible for them to remarry provided that the woman’s ʿiddah is over.

And Allāh knows best.