The rulings of iddah

[WisdomAndAnswers]

Salam alaikum, 

I read and searched about iddah, but there is a couple of questions that I am still confused about. One of them is that what if the sunni husband repeatedly said divorce 3 times out of anger and didn't mean it, would you count the divorce from that time? What if the wife kept insisting for a divorce and he said it again out of anger. She had counted it as a divorce from that time, but the official divorce came a month after. 

So say the divorce was announced through voice message and was shown to 3 witnesses. That was in the middle of August. But she still was communicating with him because he regretted saying it at that time and was reaching out to her through text. She had to let him know that it was over and to never communicate with each other again. The official divorce came a month later though where no communication happened after that. 

My question is, was she already divorced in August and can she accept proposals during iddah but not yet marry?

Edited November 11, 2021 by WisdomAndAnswers
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[Ashvazdanghe]

Salam at first saying divorce 3 times in one session in any condition is totally void which it's only counts just as one divorce so therefore her husband & They can return to each other even during her Iddah time .

Secondly because divorce decree has not been issued with presence  of two just witness then recorded voice has been heard by witnesses so it maybe not a valid divorce  according to Shia which the wife must asks about it from her Marja or his office or anyone who is representative of her Marja about it.

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In response to the question of what are the conditions of divorce without the presence of a witness, it should be said that according to the Shari'a and the law, when a divorce decree is issued, two just witnesses must witness the issuance of a divorce decree. Therefore, the ruling on divorce without evidence is that the divorce is not according to the Shari'a and the law valid.

https://www.heyvalaw.com/web/articles/view/2729/شرایط-طلاق-بدون-حضور-شاهد.html

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اجرای صیغه ی طلاق بصورت تلفنی

سوال : آیا اگر سر دفتر به وکالت از زوج، صیغه ی طلاق را بصورت تماس تلفنی که عدلین آن تماس تلفنی را همزمان استماع نموده و بشنوند، قرائت و جاری نماید، برای طلاق کفایت می کند یا خیر؟

جواب : بله کفایت می کند و طلاق مزبور صحیح می باشد.

Question: Is it sufficient for a divorce if the head of the office, acting on behalf of the couple, reads the divorce decree in the form of a telephone call that two just witnesses  listens to and hears at the same time?
Answer: Yes, it is enough and the divorce is valid.

حضور عدلین در طلاق

سوال : آیا سردفتر طلاق می تواند با وکالتی که از زوجه برای بذل و از زوج برای طلاق گرفته به خاطر عدم احراز عدالت در حاضرین صیغه صوری و بعد از چند ساعت در حضور عدلین صیغه طلاق واقعی جاری و به اطلاع زوجه برای نگاه داشتن عده بنماید؟

جواب : اشکال ندارد، بلکه لازم است جهت اجرای مورد وکالت در حضور عدلین طلاق را جاری کند.

Presence  of two just wittnesses in divorce

Question: Can the divorce clerk present a real divorce with a advocacy from the wife for divorce and from the husband for divorce due to the lack of justice in the present people  of the formal decree and decrees it after a few hours in the presence of two just witnesses   and informs the wife to keep the Iddah? ?
Answer: There is no problem, but it is necessary for applying case of advocacyto issue a divorce   in the presence of two just witnesses  .

https://hashemishahroudi.org/fa/questions/231/4

 

[Ashvazdanghe]

On 11/11/2021 at 8:21 PM, WisdomAndAnswers said:

My question is, was she already divorced in August and can she accept proposals during iddah but not yet marry?

Until end of Iddah period of divorece only her ex husband can offers proposal to her & marries  with her again but on ther hand if she has been in Iddah of pregnancy  even her ex husband  can't  return to her  which giving proposal during iddah period of divorce  by a new person  whether directly  or indirectly is forbidden/Haram ,only if  has been woman in Iddah of pregnancy  then indirect proposal by new person has been allowed according Shia Fiqh/Jurrisprudence

https://www.islamquest.net/fa/archive/question/fa56307

[Ashvazdanghe]

On 11/11/2021 at 8:21 PM, WisdomAndAnswers said:

times out of anger and didn't mean it,

 

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 Divorce decree and its conditions

2498 A man who divorces his wife must be wise and mature as an obligatory precaution and divorces at his own will, and if he is forced to divorce his wife, the divorce is void and he must also intend to divorce, so if says divorce  formula   jokingly then It's void.

2499 The wife must be free from the blood of menstruation and puerperium at the time of divorce, and her husband must not have had sexual intercourse with her during that chastity or during her previous chastity or menstruation, and the details of these two conditions will be explained in future issues.

 

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2508 Divorce should be read correctly in Arabic and two righteous men should hear it, and if the husband himself wants to read the divorce and his wife's name is, for example, Fatima, he should says "زوجتى فاطمة طالق" My Wife Fatima  is free, and if he appoints  someone  as his advocate then advocate  must says  "زوجة موكلى فاطمة طالق" Wife of my advocated ,  Fatima is free .

https://farsi.khamenei.ir/treatise-imam-content?id=543&tid=99