Is a divorced woman obligated to observe the waiting period ('iddah) after an 'urfi marriage in which offer and acceptance and witnesses were not completed in a single session, and what is its duration if it is obligatory?
A marriage contracted without an offer and acceptance from the guardian and the husband, even with the presence of two witnesses, is null and void. If a divorce occurs after consummation, the majority of scholars believe that the waiting period () is obligatory, similar to a woman with whom intercourse occurred due to a misconception (shubhah) or in a فساد () marriage. The waiting period for a divorced woman is three menstrual cycles if she menstruates, three months if she does not, and delivery of the child for a pregnant woman. However, some scholars hold that the waiting period is not obligatory in such a marriage; rather, a single menstrual cycle suffices to ascertain the emptiness of the womb, and this is the more preponderant view. This is because a void contract is as if it never existed, and the waiting period of three menstrual cycles is obligatory only for a divorced woman.
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