Do I have to stay in his house during my iddah, and what if it is not safe there?
You need not stay where you are not safe: each school names reasons a woman in iddah may move, such as fear for herself, a bad neighbor, or the house becoming unlivable.1234 Otherwise, after a revocable divorce the schools keep her in the marital home; the Qurʾān says "Do not turn them out of their [husbands’] houses, nor should they [themselves] leave".56 After a final divorce they differ on where she stays.46
What the four schools say
The schools agree that a revocably divorced woman keeps to the marital home, and that she may move for real danger or necessity. They differ on the finally divorced woman: the Ḥanafī, Mālikī and Shāfiʿī texts keep her in the home of the iddah, while the Ḥanbalī school lets her choose a safe place in her town.
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Ḥanafī الحنفية
A woman in the iddah of a revocable or final divorce does not leave her home, by night or by day. She may leave it if she is put out, if the house falls or she fears it will, if she fears for her property, if she cannot pay the rent, or for similar necessities, and moves to the nearest place.4 In a final divorce there must be a screen between them; if the home is too small, or the husband is openly sinful, he is the one who should leave.9
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Mālikī المالكية
A divorced woman, final or revocable, is owed housing by the husband.10 She may move for an excuse that makes staying impossible, such as the house falling, or fear of a bad neighbor or of thieves, and she may go out for her needs at the two ends of the day.3
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Shāfiʿī الشافعية
She lives in the home she was in at the separation; no one may put her out and she may not leave. A finally divorced woman may go out by day for food and the like. She moves out of fear of the house falling or flooding, fear for herself, or severe harm between her and the neighbors.1 He may not live with her or come in to her.11
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Ḥanbalī الحنابلة
A revocably divorced woman keeps to the home like a widow; a finally divorced woman keeps her iddah in a safe place of her choosing in the town where she was separated.6 The widow’s rule, which the revocably divorced woman follows here, lets her leave out of fear for herself or her property.2
What can change this
- Fāṭimah bint Qays, divorced finally, told the Prophet ﷺ she was afraid she would be put to hardship, and he told her to move.7 ʿĀʾishah said Fāṭimah had been in a lonely place where there was fear for her.8
- Moving because you are not safe is about where you stay. How long your iddah is, and whether you are still married, are separate questions for a scholar once you are safe.
In the US
- If you are in danger now, the page What to do now puts emergency and confidential help first.
- Court dates, custody and immigration questions: the US practical page has links.
Sources
- 1
al-Nawawī, Minhāj al-Ṭālibīn (Shāfiʿī), p. 256–257
- 2
al-Buhūtī, Sharḥ Muntahā al-Irādāt (Ḥanbalī), 3:204
- 3
al-Dardīr, al-Sharḥ al-Kabīr ʿalā Mukhtaṣar Khalīl, with Ḥāshiyat al-Dasūqī (Mālikī), 2:486–487
- 4
Ibn ʿĀbidīn, Radd al-Muḥtār ʿalā al-Durr al-Mukhtār (Ḥanafī), 3:535–536
- 5
Qurʾān, al-Ṭalāq 65:1
6 more sources, 6 to 11
- 6
al-Buhūtī, Sharḥ Muntahā al-Irādāt (Ḥanbalī), 3:206
- 7
Ṣaḥīḥ Muslim 1482 · No grade shown on sunnah.com (in Ṣaḥīḥ Muslim)
- 8
Ṣaḥīḥ al-Bukhārī 5325–5326 · No grade shown on sunnah.com (in Ṣaḥīḥ al-Bukhārī)
- 9
Ibn ʿĀbidīn, Radd al-Muḥtār ʿalā al-Durr al-Mukhtār (Ḥanafī), 3:537
- 10
al-Dardīr, al-Sharḥ al-Kabīr ʿalā Mukhtaṣar Khalīl, with Ḥāshiyat al-Dasūqī (Mālikī), 2:483
- 11
al-Nawawī, Minhāj al-Ṭālibīn (Shāfiʿī), p. 257