I got a khulʿ. Is my iddah one period or three?
Most scholars, and the four schools as their books state them, give the woman who took khulʿ the same iddah as a divorced woman: three qurūʾ if she menstruates.12 A report from several Companions, and one narration from Imam Aḥmad, make it one menstruation, based on ḥadīth about the wife of Thābit ibn Qays.13 If you are pregnant or have no periods, the pages on those cases apply instead.
What the four schools say
In the relied-upon view of all four schools, the iddah after khulʿ is the iddah of divorce: three qurūʾ for a woman who menstruates. A narration from Aḥmad, and reports from some Companions, say one menstruation.
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Ḥanafī الحنفية
What khulʿ produces is a final (bāʾin) divorce.7 After a divorce or an annulment, a free woman who menstruates waits three complete menstruations.8
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Mālikī المالكية
With khulʿ she is separated by a final divorce.9 The iddah of divorce is three qurūʾ, which in this school are periods of purity.10
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Shāfiʿī الشافعية
A separation using the word khulʿ is a divorce (in one view, an annulment), and there is no taking back after it.5 The iddah after a separation in life is three qurūʾ, which in this school are periods of purity.11
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Ḥanbalī الحنابلة
A woman separated in life by divorce, khulʿ or annulment waits three qurūʾ, which in this school are menstruations.12 Ibn Qudāmah reports that most scholars hold this, and that one menstruation is reported from ʿUthmān, Ibn ʿUmar and Ibn ʿAbbās and narrated from Aḥmad.1
What can change this
- The one-menstruation view rests on the report that the Prophet ﷺ made the waiting period of Thābit ibn Qays’s wife one menstrual course3, and that al-Rubayyiʿ bint Muʿawwidh was told to keep an iddah of one menstruation after her khulʿ.4 Abū Dāwūd notes that one route of the first report is mursal.3
- Khulʿ is a final separation: he cannot take you back during the iddah.5 Marrying again with a new contract is a separate question; see the page on proposals.6
Sources
- 1
Ibn Qudāmah, al-Mughnī (Ḥanbalī), 8:97
- 2
Qurʾān, al-Baqarah 2:228
- 3
Sunan Abī Dāwūd 2229 · Sahih (Al-Albani)
- 4
Jāmiʿ al-Tirmidhī 1185 · Hasan (Darussalam)
- 5
al-Nawawī, Minhāj al-Ṭālibīn (Shāfiʿī), p. 227
7 more sources, 6 to 12
- 6
Ibn ʿĀbidīn, Radd al-Muḥtār ʿalā al-Durr al-Mukhtār (Ḥanafī), 3:409
- 7
Ibn ʿĀbidīn, Radd al-Muḥtār ʿalā al-Durr al-Mukhtār (Ḥanafī), 3:444
- 8
Ibn ʿĀbidīn, Radd al-Muḥtār ʿalā al-Durr al-Mukhtār (Ḥanafī), 3:504–505
- 9
al-Dardīr, al-Sharḥ al-Kabīr ʿalā Mukhtaṣar Khalīl, with Ḥāshiyat al-Dasūqī (Mālikī), 2:351
- 10
al-Dardīr, al-Sharḥ al-Kabīr ʿalā Mukhtaṣar Khalīl, with Ḥāshiyat al-Dasūqī (Mālikī), 2:468–469
- 11
al-Nawawī, Minhāj al-Ṭālibīn (Shāfiʿī), p. 253
- 12
al-Buhūtī, Kashshāf al-Qināʿ ʿan Matn al-Iqnāʿ (Ḥanbalī), 5:417