Can someone propose to me during my iddah after a divorce? And what about my former husband?
Another man may not openly propose to a woman in any divorce iddah.123 In a revocable divorce not even a hint is allowed, by consensus; after a final divorce the schools differ on hints.145 The former husband is a separate case: after a minor final divorce (fewer than three, such as a khulʿ) he may marry her again with a new contract even during the iddah, but not after a third divorce.267
What the four schools say
The schools agree that another man may not openly propose during any iddah, and may not even hint during a revocable divorce. They differ on hints after a final divorce: the Ḥanafī school forbids hints to any divorced woman, while the Mālikī, Shāfiʿī and Ḥanbalī schools allow them.
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Ḥanafī الحنفية
A woman in iddah may not be proposed to. A hint is valid in the iddah of death, but not to a divorced woman, by consensus, because it leads to enmity with the man who divorced her.5 The man who divorced her finally with fewer than three may marry her again, in the iddah and after it.6
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Mālikī المالكية
An open proposal to a woman in another man’s iddah is forbidden; the man who divorced her may marry her in her iddah as long as it was not by three.2 A hint is allowed in the iddah of a woman divorced finally, and forbidden in a revocable divorce by consensus.4
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Shāfiʿī الشافعية
No open proposal to a woman in iddah, and no hint to a revocably divorced woman; a hint to a finally divorced woman is permitted in the more apparent view.1
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Ḥanbalī الحنابلة
An open proposal to a finally divorced woman is forbidden, except by a husband to whom she is lawful, such as after a khulʿ. Hinting is forbidden toward a revocably divorced woman, and permitted after a final divorce, whether by three or by khulʿ or a divorce for payment.3
What can change this
Sources
- 1
al-Nawawī, Minhāj al-Ṭālibīn (Shāfiʿī), p. 205
- 2
al-Dardīr, al-Sharḥ al-Kabīr ʿalā Mukhtaṣar Khalīl, with Ḥāshiyat al-Dasūqī (Mālikī), 2:217
- 3
al-Buhūtī, Kashshāf al-Qināʿ ʿan Matn al-Iqnāʿ (Ḥanbalī), 5:18
- 4
al-Dardīr, al-Sharḥ al-Kabīr ʿalā Mukhtaṣar Khalīl, with Ḥāshiyat al-Dasūqī (Mālikī), 2:219
- 5
Ibn ʿĀbidīn, Radd al-Muḥtār ʿalā al-Durr al-Mukhtār (Ḥanafī), 3:533–534
3 more sources, 6 to 8
- 6
Ibn ʿĀbidīn, Radd al-Muḥtār ʿalā al-Durr al-Mukhtār (Ḥanafī), 3:409
- 7
Qurʾān, al-Baqarah 2:230
- 8
Qurʾān, al-Baqarah 2:235