QUESTION

A man has divorced his wife and she is in her 'iddah until she gives birth. The brother has taken a second wife. He was advised that he must divide his time equally between the two, even though one is in the state of 'iddah, and that he must spend upon them both equally until the 'iddah expires and she is no longer his wife. He does not want to divide the time equally because it would mean: a) he would have to inform his divorced wife that he has remarried and he fears this since he believes she will cause fitnah between him and his new wife; b) he stated that his divorced wife does not want to spend any time with him, and vice versa, and that he asked her, "If I had another wife, would you want your time rights?" To which she alledgedly said, "No." Does he have to divide his time equally between the two and is this statement of her's sufficient not to give her her time rights?

ANSWER by Shaykh Wasee Allaah 'Abbaas, lecturer at the Ka'bah, instructor at Umm Al-Quraa University in Makkah

The divorced woman who may be taken back (ie. after the first or second divorce) has a right to be maintained, and she must have housing provided for her by the husband (during her 'iddah). The divorced woman who may not be taken back (ie. after the third divorce) has a right to be maintained only if she is pregnant, then she is maintained until she delivers the baby.

As for the husband spending time with her and being alone with her, then that is not permissible in the case of a divorced woman who may not be taken back (ie. after the third divorce).

As for the husband spending time with the divorced woman who may be taken back (ie. after the first or second divorce), then it is permissible for him to spend time alone with her if he wants to, and this is best as it may lead to them coming back together. However, if he does not want to take her back, then she has no right to him (his time).

SOURCE

This was translated exclusively for www.bakkah.net from a handwritten answer provided by the shaykh, file no. AAWA002, dated 1423/6/24.

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