What types of women observe an 'Iddah' (waiting period) regarding marriage proposals?
Chapter on What is Prohibited to Marry and Combining Between Them and Other Matters
Al-Mughni
Book of Marriage
Primary text
Women observing the 'Iddah' are categorized into three types concerning proposals. The first type is a woman observing 'Iddah' following a death, a third revocable divorce, or an annulment that permanently prohibits her return to the husband (such as annulment due to nursing relationship or *li'an*). For this group, veiled reference (*ta'reed*) to marriage is permissible during the 'Iddah', based on the Quranic verse: {There is no blame upon you in what you indicate concerning the proposal to women} (Quran 2:235). This is supported by the narration where the Prophet (PBUH) told Fatimah bint Qais, who was divorced three times, to inform him when her 'Iddah' ended, which constituted a veiled proposal. However, explicit declaration (*tasreeh*) is forbidden because the permission for veiled reference implies the prohibition of explicit declaration, and explicit declaration only implies marriage, potentially leading her to prematurely declare the end of her 'Iddah'.
Supporting text
The second category is a woman in a revocable divorce ('Iddah Raj'iyyah); neither veiled reference nor explicit declaration of marriage is permitted, as she remains legally considered among the number of the husband's wives, as if she were still in the binding marriage contract. The third category is an irrevocable divorce whose husband is permitted to remarry her, such as a woman who obtained a Khul' or an irrevocable separation due to a defect or inability to provide financially. For her husband, both explicit declaration and veiled reference are permitted, as she is lawful for him to remarry during her 'Iddah', treating her like a non-observing woman. Regarding whether others may make a veiled proposal to this third type, there are two opinions among scholars. Some permit it based on the generality of the Quranic verse and her status as irrevocably divorced (resembling the third divorcee). Others forbid it because the husband maintains the right to her, likening her situation to one in revocable 'Iddah'.