Can a woman who has been revocably divorced (first or second talaaq) stay in her husband’s house, or should she go to her father’s house until her husband takes her back?.
Praise be to Allah.
A woman who has been revocably divorced has to stay in her
husband’s house, and it is haraam for her husband to ask her to leave,
because Allaah says (interpretation of the meaning):
“And turn them not out of their (husband’s) homes nor
shall they (themselves) leave, except in case they are guilty of some open
illegal sexual intercourse. And those are the set limits of Allaah. And
whosoever transgresses the set limits of Allaah, then indeed he has wronged
himself”
[al-Talaaq 65:1]
What the people do nowadays, when a woman is revocably
divorced and she goes straight to her family’s house, is wrong and is
haraam, because Allaah says (interpretation of the meaning):
“And turn them not out of their (husband’s) homes nor
shall they (themselves) leave ”
[al-Talaaq 65:1]
No exception is made unless the woman has committed a
blatant act of immorality. Then after that Allaah says (interpretation of
the meaning):
“And those are the set limits of Allaah. And whosoever
transgresses the set limits of Allaah, then indeed he has wronged himself”
[al-Talaaq 65:1]
Then He explains the wisdom behind the woman being obliged to
stay in her husband’s house, as He says:
“You (the one who divorces his wife) know not it may be
that Allaah will afterward bring some new thing to pass (i.e. to return her
back to you if that was the first or second divorce)”
[al-Talaaq 65:1]
So her staying in the
marital home may be the cause of the husband rescinding the divorce and
taking her back, which is what is desired by sharee’ah.
The Muslims have to pay attention to the limits set by
Allaah, and adhere to what Allaah has enjoined upon them. They should not
take customs and traditions as a means to go against the commands of
sharee’ah. What matters is that we are obliged to pay attention to this
matter. The woman who is revocably divorced should want to stay in her
husband’s house until her ‘iddah ends. In this case whilst staying in her
husband’s house she is permitted to uncover in front of him, and to adorn
herself and put on makeup and perfume, and speak to him and sit with him,
and do everything apart from intimacy and intercourse – which can only take
place after he takes her back. He may take her back verbally, by saying: “I
take my wife back,” or by actions, such as having intercourse with her with
the intention of taking her back.