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Divorce and Waiting Period
Post 032
🗯Types of Oaths - 02🗯
If the oath taken is not time-limited then one divorce is applicable and the oath is still valid meaning if Nikah is performed with her again and sexual relations take place within four months, compensation will have to be paid (if applicable) or the oath that was taken will have to be fulfilled (freeing slaves, performing Fasts etc). If four months pass and relations do not take place, one reconcilable divorce will be applicable and the oath will still be valid. In the same manner if he performs Nikah with her a third time and does not have relations with her for four month then a permanent divorce becomes applicable and he cannot marry the same woman again unless Halalah is performed. If he married her again after the Halalah then the vow (of chastity) is cancelled and even if he does not have relations with her for four months there is no divorce applicable. However, the oath is still valid and if he does have relations with her then he will have to pay compensation.
If the woman marries someone else after one or two divorces have been given and then remarries her original husband then he will now have three divorces but the oath will still be valid and if he does not have relations with her then one divorce will be applicable.
(Hindiya, Bahaar)
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