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Text and translation
English translation
2058. It was narrated from 'Ubâdah bin Sâmit from Rubai' bint Mu'awwidh bin 'Afrâ'. He said: "I said to her: 'Tell me your Hadith.' She said: 'I got Khul' from my husband, then I came to 'Uthmân and asked him: "What waiting period do I have to observe?" He said: "You do not have to observe any waiting period, unless you had intercourse with him recently, in which case you should stay with him until you have menstruated." In that he was following the ruling of the Messenger of Allāh ﷺ concerning Maryam Maghâliyyah, who was married to Thâbit bin Qais and she got Khul' from him.'" (Hasan)
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Commentary
a. Although Khul' is apparently like a divorce where a husband lets his wife go based upon her demand to do so, however, in real terms it is irrevocable
separation; therefore its waiting period is not three menstruation periods, rather just the one menstruation cycle.
b. Waiting for one menstruation period after Khul' is to verify that the womb is empty to confirm that she is not pregnant; and one menstruation cycle clarifies the position of pregnancy. If a menstruation cycle does not begin, then it could mean she is pregnant; in that case, she is not allowed to marry another man until delivery.
