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Text and translation
English translation
3528. ‘Ubâdah bin Al-Walîd bin ‘Ubâdah bin Aş-Şâmit narrated from Rubayy’ bint Mu’awwidh. He said: “I said to her: ‘Tell me your Hadîth.’ She said: ‘I was separated from husband by Khul’, then I came to ‘Uthmân and asked him: What Iddah do I have to observe? He said: You do not have to observe any Iddah, unless you had intercourse with him recently, in which case you should stay with him until you have menstruated. He said: In that I am following the ruling of the Messenger of Allâh ﷺ concerning Mariam Al-Maghâliyyah, who was married to Thâbit bin Qais and was separated by Khul’ from him.” (Hasan)
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Commentary
1. From the verdict of 'Uthman, it transpires that the waiting period of one menstrual cycle is also for acquittal from pregnancy or to verify that she is not pregnant. If sexual intercourse has not taken place during the woman's current purity (the Tuhūr, or the state of purity following menstruation), there is no waiting period even of one menstrual cycle. But since copulation is a concealed matter, the fact of the matter is that the woman granted a Khul' from her husband should wait for one menstrual cycle to intervene, so that nothing is left to doubt or suspicion.
2. It should be borne in mind that returning (taking back) is not possible in Khul'. Later, remarriage is possible because it does not fall in the category of a third divorce.
