Jump to content

Idda

Priority: b, Quality: b
From wikishia
(Redirected from 'idda)

ʿIdda (Arabic: العِدَّة) is a specific period during which a woman is not permitted, according to religious law, to marry after divorce or after her husband's death. Idda has different types, each with a different duration. The condition for the obligation of idda in all its types except the idda of death is that the woman has had sexual intercourse.

The duration of the idda period after divorce is three periods of purity from menses; however, if the woman is pregnant, her idda will be until the time of delivery. The idda of divorce for a woman who is at the age of having menstruation but does not have menstruation is three lunar months. Idda after the husband's death is four months and ten days, and if the woman is pregnant, her idda is the longer period, either four months and ten days or the time of delivery. The idda period after temporary marriage is two periods of menstruation, and if the woman does not see menses, the idda is forty-five days.

One of the rules regarding idda is the prohibition of marriage with a woman who is in the idda period. If a man marries a woman in idda period, that woman will become forbidden for him to marry forever; i.e. their marriage will be void and they can never marry each other again. Also, proposing to a woman who is in idda of rij'i divorce is forbidden. The Prohibition of wearing make-up for a woman who is in idda of her husband's death is another rule regarding idda.

Definition in Jurisprudence

Idda is a specific period during which the woman is not permitted to marry a man after divorce, the death of her husband, or having sexual intercourse with a man by mistake.[1]

Types

Idda has some types such as idda of death, idda of temporary marriage, idda of sexual intercourse by mistake, and idda of a woman's husband not being found. The durations of these idda periods are different. According to the fatwas of jurists, in all idda periods except the idda of death, the necessary condition for observing the idda is the occurrence of sexual intercourse.[2]

Idda of Divorce

The idda for a woman who separates from her husband through divorce is three periods of purity from menses.[3] The Qur'anic proof for this rule is the verse 228 of Qur'an 2: "Divorced women shall wait by themselves for three periods of purity [after mthe enses]"[4]

The idda of divorce for a pregnant woman is until the time of delivery.[5] This rule is mentioned in verse 4 of Qur'an 65, "As for those who are pregnant, their term shall be until they deliver."

Women who are at the age of having menstruation but do not see menses should observe the idda for three lunar months.[6] This rule too is issued based on verse 4 of Qur'an 65 which says, "As for those of your wives who have ceased having menses—[or] if you have any doubts [concerning its cause, whether it's is age or something else]—their term [of waiting] and of those who have not yet had menses, shall be three months. As for those who are pregnant, their term shall be until they deliver".[7]

Idda of Death

Idda for a woman after her husband dies is four months and ten days.[8] This rule is mentioned in al-Tarabbus Verse (Qur'an 2:234), "As for those of you who die leaving wives, they shall wait by themselves four months and ten days" and there is no difference whether sexual intercourse is taken place or not, and it does not matter whether the marriage contract is permanent or temporary.[9]

However, if the woman is pregnant, her idda is either four months and ten days or until the time of her delivery, whichever is longer.[10]

Idda of Temporary Marriage

Idda of temporary marriage is two menstruation periods after the end of the marriage contract, or after ignoring its remaining time by the husband.[11] If the woman is in the menstruation age but does not see menses, she should observe the idda for forty-five days.[12]

Idda of Having Sexual Intercourse by Mistake

According to the fatwa of jurists, if a man has sexual intercourse with a woman by mistake, thinking that she is his wife, the woman should observe idda for three periods of purity from menses, whether the woman knew that the man was not her husband or not. However, there are different fatwas regarding the situation when the man knows that the woman is not his wife, but the woman does not know that the man is not her husband. Some say that the woman should observe the idda and others say it is unnecessary.[13]

Idda when a Woman's Husband is not Found

A woman, whose husband is lost and not found after a while and has divorced from him by the permission of the Sharia ruler,[14] should observe the idda similar to the idda after death.[15]

Idda of Adulterer

Jurists say that a woman who has committed adultery and has become pregnant does not need to observe idda; but, they have different fatwas about a woman who has committed adultery but she has not become pregnant. Most fatwas in this regard are that she does not have to observe idda, but some of them say that, based on caution, she has to observe idda as long as she sees menses once.[16]

Idda of Apostasy

According to the fatwa of jurists, when either the man or the woman becomes apostate after marriage, the marriage will be void.[17] If the man becomes apostate and his parents are Muslim, his separation from his wife becomes definite, and the woman should observe the idda of death. But, if the man becomes apostate and his parents are non-Muslim, the woman should observe the idda of divorce, and if during the idda, the man becomes Muslim again, the marriage continues.[18]

Rulings

Some rules of idda based on the fatwas of marja's are as follows:

  • If a man marries a woman in the idda of rij'i divorce and has sexual intercourse with her, she will become permanently forbidden for him to marry with; even though, he does not know the rule of marriage during idda or does not know that the woman is in the idda.[20]
  • If a man marries a woman during the idda knowing about the prohibition of marriage during the idda, the woman will become permanently forbidden for him to marry her; even though he has not made sexual intercourse with her.[21]
  • Proposing to a woman who is in the idda of rij'i divorce is not permissible.[22]
  • The maintenance of a woman who is in the idda of rij'i divorce is upon the husband; but, in the idda of ba'in divorce, only if the woman is pregnant, her maintenance during pregnancy is upon the husband.[23]
  • It is not permissible for a man to send the woman whom he has divorced a rij'i divorce out of the house she has been living at the time of divorce. Also, this woman cannot leave the house without the man's permission.[24]
  • During the idda of death, performing an action that is considered an act of adornment, such as wearing kohl or dressing for adornment, is forbidden.[25]
  • Committing adultery with a woman who is in the idda of rij'i divorce leads to the permanent prohibition of their marriage.[26]

Women Who do not Have Idda

According to rules of jurisprudence, some women should not observe idda., An immature girl and a woman in her menopause are among such women.[27] Also, a woman who has not had sexual intercourse after marriage does not have idda, unless the end of her marriage is the death of her husband.[28] If an adulterous woman becomes pregnant out of adultery, she should not observe idda; and if she is not pregnant, according to the fatwa of most jurists, she does not have to observe idda.[29]

Philosophy

In some books of hadiths, tafsir, and jurisprudence, different reasons are mentioned for the rule of idda in Islam. In Tafsir-i nimuna, the philosophy of observing the idda of death is considered to be respecting the husband; with this argument that marrying immediately after the death of the husband is against respecting him and also hurts the feelings of his relatives.[30] Also, the philosophy of the idda of divorce is mentioned as giving the husband the chance to review the divorce.[31]

According to a hadith in Ilal al-sharayi', the reason for the idda duration of four months and ten days is mentioned to be the longest period a woman can bear deprivation from the fulfillment of her sexual desire. Therefore, based on this rule, it is considered obligatory for the husband to have sexual intercourse with his wife at least once every four months.[32] Also, having the womb pure[33] and avoiding mixing of different men's sperms are mentioned as other reasons for the rule of idda.[34]

See Also

Notes

  1. ↑ Najafī, Jawāhir al-kalām, vol. 32, p. 211.
  2. ↑ Shahīd al-Thānī, al-Rawḍat al-bahīyya, vol. 6, p. 57; Ḥillī, Sharāʾiʿ al-Islām, vol. 3, p. 22; Najafī, Jawāhir al-kalām, vol. 32, p. 211, 212.
  3. ↑ Najafī, Jawāhir al-kalām, vol. 32, p. 219; Ḥillī, Sharāʾiʿ al-Islām, vol. 3, p. 23.
  4. ↑ Mufīd, Aḥkām al-nisāʾ, p. 43; Ṭūsī, Tahdhīb al-aḥkām, vol. 8, p. 116; Shahīd al-Thānī, Masālik al-ifhām, vol. 9, p. 213.
  5. ↑ Najafī, Jawāhir al-kalām, vol. 32, p. 252; Ḥillī, Sharāʾiʿ al-Islām, vol. 3, p. 26.
  6. ↑ Najafī, Jawāhir al-kalām, vol. 32, p. 252; Ḥillī, Sharāʾiʿ al-Islām, vol. 3, p. 24.
  7. ↑ Najafī, Jawāhir al-kalām, vol. 32, p. 230; Shahīd al-Thānī, Masālik al-ifhām, vol. 9, p. 229.
  8. ↑ Najafī, Jawāhir al-kalām, vol. 32, p. 274; Ḥillī, Sharāʾiʿ al-Islām, vol. 3, p. 27.
  9. ↑ Najafī, Jawāhir al-kalām, vol. 30, p. 200; vol. 32, p. 275; Ḥillī, Sharāʾiʿ al-Islām, vol. 3, p. 27; vol. 2, p. 251.
  10. ↑ Najafī, Jawāhir al-kalām, vol. 30, p. 200; vol. 32, p. 275; Ḥillī, Sharāʾiʿ al-Islām, vol. 3, p. 27.
  11. ↑ Ḥillī, Sharāʾiʿ al-Islām, vol. 2, p. 251; Najafī, Jawāhir al-kalām, vol. 30, p. 196.
  12. ↑ Ḥillī, Sharāʾiʿ al-Islām, vol. 2, p. 251; Najafī, Jawāhir al-kalām, vol. 30, p. 199.
  13. ↑ Najafī, Jawāhir al-kalām, vol. 32, p. 378, 379.
  14. ↑ Shahīd al-Thānī, al-Rawḍat al-bahīyya, vol. 6, p. 66; Najafī, Jawāhir al-kalām, vol. 32, p. 293; Khomeinī, Taḥrīr al-wasīla, vol. 2, p. 343.
  15. ↑ Mufīd, al-Muqniʿa, p. 537; Sallār Daylamī, al-Marāsim, p. 165; Ḥillī, al-Jāmiʿ li-l-Sharāʾiʿ, p. 473; Ibn al-Barrāj, al-Muhadhdhab, vol. 2, p. 338; Ibn Zuhra al-Ḥalabī, Ghunyat al-nuzūʿ, p. 384; Ḥillī, Mukhtaṣar al-nāfiʿ, vol. 1, p. 210.
  16. ↑ Yazdī, al-ʿUrwat al-wuthqā, vol. 5, p. 532, 533.
  17. ↑ Najafī, Jawāhir al-kalām, vol. 30, p. 75.
  18. ↑ Najafī, Jawāhir al-kalām, vol. 30, p. 79.
  19. ↑ Khomeinī, Najāt al-ʿibād, p. 370.
  20. ↑ Banī Hāshimī Khomeinī, Tawḍīḥ al-masāʾil-i marajiʿ, vol. 2, p. 471.
  21. ↑ Banī Hāshimī Khomeinī, Tawḍīḥ al-masāʾil-i marajiʿ, vol. 2, p. 470.
  22. ↑ Gulpāyigānī, Majmaʿ al-masāʾil, vol. 2, p. 256; Fayyāḍ Kābulī, Risāla-yi Tawḍīḥ al-Masāʾil, p. 552.
  23. ↑ Fayyāḍ Kābulī, Risāla-yi Tawḍīḥ al-Masāʾil, p. 565; Bahjat, Jāmi al-masāʾil, vol. 4, p. 108, 109.
  24. ↑ Banī Hāshimī Khomeinī, Tawḍīḥ al-masāʾil-i marajiʿ, vol. 2, p. 530.
  25. ↑ Banī Hāshimī Khomeinī, Tawḍīḥ al-masāʾil-i marajiʿ, vol. 2, p. 527.
  26. ↑ Khomeinī, Istiftāʾāt, vol. 3, p. 299, 300; Bahjat, Risāla-yi Tawḍīh al-masāʾil, p. 382.
  27. ↑ Najafī, Jawāhir al-kalām, vol. 32, p. 41.
  28. ↑ Shahīd al-Thānī, al-Rawḍat al-bahīyya, vol. 6, p. 57; Ḥillī, Sharāʾiʿ al-Islām, vol. 3, p. 22; Najafī, Jawāhir al-kalām, vol. 32, p. 211, 212.
  29. ↑ Yazdī, al-ʿUrwat al-wuthqā, vol. 5, p. 532, 533.
  30. ↑ Makārim Shīrāzī, Tafsīr-i nimūna, vol. 2, p. 193.
  31. ↑ Makārim Shīrāzī, Tafsīr-i nimūna, vol. 24, p. 222.
  32. ↑ Ṣadūq, ʿIlal al-sharāʾiʿ, vol. 2, p. 508.
  33. ↑ Ṣadūq, ʿIlal al-sharāʾiʿ, vol. 2, p. 508.
  34. ↑ Shāhrūdī, Mawsūʿat al-fiqh al-Islāmī, vol. 10, p. 470.

References

  • Banī Hāshimī Khomeinī, Sayyid Muḥammad Ḥasan. Tawḍīḥ al-masāʾil-i marajiʿ. Qom: Daftar-i Intishārāt-i Islāmī affiliated to Jāmiʿa-yi Mudarrisīn-i Ḥawza-yi ʿIlmīyya-yi Qom, 1424 AH.
  • Bahjat, Muḥammad Taqī. Jāmi al-masāʾil. 2nd edition. Qom: Daftar-i Āyatullāh Bahjat, 1426 AH.
  • Bahjat, Muḥammad Taqī. Risāla-yi Tawḍīh al-masāʾil. 92th edition. Qom: Shafaq, 1428 AH.
  • Fayyāḍ Kābulī, Muḥammad Isḥāq. Risāla-yi Tawḍīḥ al-Masāʾil. 1st edition. Qom: Majlisī, 1426 AH.
  • Gulpāyigānī, Sayyid Muḥammad Riḍā. Majmaʿ al-masāʾil. 2nd edition. Qom: Dār al-Qurʾān al-Karīm, 1409 AH.
  • Ḥillī, Yaḥya b. Saʿīd. Al-Jāmiʿ li-l-Sharāʾiʿ. [n.p], Muʾassisa Sayyid al-Shuhadāʾ (a) ʿIlmiyya, 1405 AH.
  • Ḥillī, Jaʿfar b. al-Ḥasan al-. Sharāʾiʿ al-Islām. [n.p]: [n.n], 1408 AH.
  • Ḥillī, Jaʿfar b. al-Ḥasan al-. Mukhtaṣar al-nāfiʿ. [n.p]: [n.n], 1418 AH.
  • Ibn al-Barrāj, al-Ṭarābulusī. Al-Muhadhdhab. Introduction by Jaʿfar Subḥānī. Qom: Daftar-i Intishārāt-i Islāmī wābasti bi Jāmiʿa-yi Mudarrisīn-i Ḥawza-yi ʿIlmīyya-yi Qom, 1406 AH.
  • Ibn Zuhra al-Ḥalabī, Ḥamzat b. ʿAlī. Ghunyat al-nuzūʿ ilā ʿilmay al-uṣūl wa al-furūʿ. Qom: Muʾassisat al-Imām al-Ṣādiq, [n.d].
  • Khomeinī, Sayyid Rūḥ Allāh. Taḥrīr al-wasīla. 1st edition. Qom: Dār al-ʿIlm, 1421 AH.
  • Khomeinī, Sayyid Rūḥ Allāh. Istiftāʾāt. 5th edition. Qom: Daftar-i Intishārāt-i Islāmī, 1422 AH.
  • Khomeinī, Sayyid Rūḥ Allāh. Najāt al-ʿibād. Tehran: Muʾassisa-yi Tanẓīm wa Nashr-i Āthār-i Imām Khomeinī, 1422 AH.
  • Mufīd, Muḥammad b. Muḥammad al-. Al-Muqniʿa. Qom: Kungira-yi Jahānī-yi Hizāra-yi Shaykh Mufīd, 1413 AH.
  • Mufīd, Muḥammad b. Muḥammad al-. Aḥkām al-nisāʾ. Kungira-yi Jahānī Shaykh al-Mufīd, 1413 AH.
  • Makārim Shīrāzī, Nāṣir. Tafsīr-i nimūna. 10th edition. Tehran: Dār al-Kutub al-ʿIlmīyya, 1371 Sh.
  • Najafī, Muḥammad al-Ḥasan al-. Jawāhir al-kalām fī sharḥ sharāʾiʿ al-Islām. Edited by ʿAbbās Qūchānī & ʿAlī Ākhūndī. Beirut: Dār Iḥyāʾ al-Turāth al-ʿArabī, 1404 AH.
  • Shāhrūdī, Sayyid Maḥmūd. Mawsūʿat al-fiqh al-Islāmī Ṭibqan li Madhhab Ahl al-Bayt (a). Qom: Muʾassisat Dāʾirat al-Maʿārif al-Fiqh al-Islāmī, 1413 AH.
  • Sallār Daylamī, Ḥamza b. ʿAbd al-ʿAzīz. Al-Marāsim fī l-fiqh al-Imāmī. Edited by Maḥmūd Bustānī. Qom: Maktabat al-Ḥaramayn, 1404 AH.
  • Shahīd al-Thānī, Zayn al-Dīn b. ʿAlī. Al-Rawḍat al-bahīyya fī sharḥ al-lumʿat al-Dimashqīyya. Najaf: Jāmiʿat al-Najaf al-Dīniyya, [n.d].
  • Shahīd al-Thānī, Zayn al-Dīn b. ʿAlī. Masālik al-ifhām ilā tanqīh Sharāʾiʿ al-Islām. Qom: Muʾassisat al-Maʿārif al-Islāmīyya, 1413 AH.
  • Ṣadūq, Muḥammad b. ʿAlī al-. ʿIlal al-sharāʾiʿ. Qom: Kitābfurūshī-yi Dāwarī, 1385 Sh.
  • Ṭūsī, Muḥammad b. al-Ḥasan al-. Tahdhīb al-aḥkām.Tehran: Dār al-Kutub al-Islāmīyya, 1407 AH.
  • Yazdī, Sayyid Muḥammad Kāẓim al-. Al-ʿUrwat al-wuthqā fīmā taʿummu bih al-balwā. Edited by Aḥmad Muḥsinī Sabziwārī. 1st edition. Qom: Daftar-i Intishārāt-i Islāmī, 1419 AH.
Retrieved from "https://en.wikishia.net/w/index.php?title=Idda&oldid=193673"