Chapter on the Divorce of a Woman Who Has Not Been Consummated and the Ruling on a Woman Whose Husband Passes Away Before or After Consummation

Amr ibn Shimr narrated from Jabir, who reported from Abu Ja'far Imam Muhammad ibn Ali Al-Baqir عليه السلام regarding the saying of Allah سبحانه وتعالى, the Almighty: "Then if you divorce them before you have touched them, there is no waiting period (iddah) for you to count against them. So provide for them and release them in a gracious manner." (Surah Al-Ahzab 33:49) Imam عليه السلام said: "Provide for them," meaning adorn them with whatever you are able to from kindness, for they return with sorrow, loneliness, great grief, and become a subject of gloating for their enemies. Indeed, Allah سبحانه وتعالى, the Almighty, is generous, feels shy, and loves those who possess modesty. The most honorable among you is the one who honors his wives the most.

In the narration of Al-Bazanti: "The mut'ah (compensatory gift) for a divorced woman is an obligation (faridah)."

It is narrated: "The wealthy man should provide a house or a servant as a parting gift, the middle-income man should provide clothing, and the poor man should provide a silver coin or a ring."

It is narrated: "The minimum (parting gift) is a headscarf or something similar to it."

Al-Halabi, Abu Basir, and Sama'ah narrated from Abu Abdullah عليه السلام regarding the saying of Allah سبحانه وتعالى, the Exalted: "And if you divorce them before you have touched them and you have already specified a dowry for them, then half of what you have specified must be paid, unless they forgo it or the one in whose hand is the marriage contract forgoes it" (Surah Al-Baqarah 2:237). Imam عليه السلام said: "It refers to the father, the brother, or the man who is entrusted with her affairs and whose authority over the woman's wealth is accepted, as he buys and trades for her. So, if he waives it, it becomes valid."

And in another narration: "He may take a part and leave a part, but he does not have the right to forgo all of it."

Ubayd ibn Zurarah asked Abu Abdullah عليه السلام about a woman whose husband passed away before consummating the marriage. Imam عليه السلام replied: "She is entitled to inheritance and must observe the complete waiting period (iddah). If he had specified a dowry for her, she is entitled to half of it, and if he had not specified a dowry, she is entitled to nothing."

Shihab asked Abu Abdullah عليه السلام about a man who married a woman with a dowry of one thousand dirhams. He paid her the dowry, and she gifted it back to him, saying, "I desire you more." However, he divorced her before consummating the marriage. Imam عليه السلام replied: "He is entitled to reclaim five hundred dirhams from her."

Ali ibn Ri'ab narrated from Zurara, who reported from Abu Ja'far Imam Muhammad ibn Ali Al-Baqir عليه السلام, who said: "The compensation (mut'ah) for women is obligatory, whether the marriage was consummated or not. This compensation should be granted before she is divorced."

Commander of the Faithful عليه السلام ruled concerning a woman whose husband passed away without consummating the marriage, saying: "She must not remarry until she completes a waiting period (iddah) of four months and ten days, which is the prescribed waiting period for a woman whose husband has passed away."

Muhammad ibn al-Hasan al-Saffar wrote to Abu Muhammad al-Hasan ibn Ali عليه السلام regarding a woman whose husband had passed away while she was still in her waiting period (iddah) and who was in need, with no one to provide for her, and she worked for people. He asked whether it was permissible for her to leave her house, work, and even stay away from her home overnight for work and necessity during her waiting period. Imam عليه السلام responded: "There is no harm in that, God willing."

Ammar al-Sabati asked Abu Abdullah عليه السلام about a woman whose husband has passed away. He inquired whether it is permissible for her to leave her house during her waiting period (iddah). The Imam عليه السلام replied: "Yes, she may apply henna, use oils, apply kohl, comb her hair, dye it, wear colored clothing, and do whatever she wishes as long as it is not for adornment intended for a husband."

In another narration, it was said: "There is no harm for a woman whose husband has passed away to perform Hajj during her waiting period (iddah) and to move from one house to another."