No ‘idda for talaq before consummation

Question

Question: A certain Majidan was widowed; then her nikah was contracted with a relative of her husband. A second time she was again widowed, and her third nikah was again contracted with a relative of her husband. This third man with whom the nikah was contracted is named Sayda. After the nikah the said Majida did not go to the house of the said Sayda, nor did the said Majidan ever come together with the said Sayda, until finally Sayda gave talaq. Majidan’s menstruation (hayd) began six months ago.

Answer

If the third husband, Sayda, neither had intercourse with this woman nor was in seclusion (khalwa) with her, and gave talaq without either of these two things, then according to the Shari‘a ‘idda is not wajib for this woman; she may marry whenever she wishes.

Source: Fatawa Mahmudiyya

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