Question
Some years ago a man gave his wife two Talaaqs. He has now again given her a Talaaq. What is the state of their marriage? If the Nikah has been dissolved, from what day does her Iddat commence? Can she pass her Iddat at her parents' home? Someone says that after the third Talaaq it is not necessary to remain in the marital home for the Iddat. The ex-husband cannot afford maintenance. What should the lady do?
Answer
The marriage has finally and irrevocably ended. The earlier two Raj'i Talaaqs plus the current Talaaq have finally and irrevocably terminated the Nikah. Iddat commenced from the day he issued the third Talaaq.
It is haraam for the lady to leave the home during her Iddat. The information given to her is baseless. Even after the third Talaaq, the Iddat remains the same.
Maintenance during the Iddat period is Waajib on the husband. The maintenance consists of her normal living expenses on the same level as was provided to her during the subsistence of the marriage.
If the husband is unable to afford maintenance, the obligation will devolve on her father, then brothers, paternal uncles, and the male relatives on her father's side.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 23 No 10
- PDF page
- 12
Appears under Questions and Answers (approximate).