Is the husband compelled to recall his wife during the waiting period (Iddah)?

General Chapter

Al-Mughni

Book of Divorce

Book 39 · Issue 2 · Bab 1

Open in Qurani

Primary text

Malik and Dawud state that the husband is compelled to recall his wife. The companions of Malik specify that compulsion lasts as long as she is in the Iddah. This is based on the reasoning that recall is an act of retention, which is obligatory.

Supporting text

Ashhab, a companion of Malik, dissents, stating compulsion ceases if the wife has a menstrual cycle, purifies, and then menstruates again, because retention is not obligatory upon him in that subsequent state, and therefore recall is not obligatory then. Furthermore, recall is not obligatory in a divorce consummated in a state of purity, as scholars agree recall is not obligatory in that case, which invalidates the opposing rationale.