What is the waiting period (iddah) for a woman whose husband divorced her while she was pregnant, then she learned of her miscarriage hours before the divorce, and then a month and a half after the divorce, it was discovered that there were remnants of the miscarriage that necessitated a D&C (dilation and curettage) procedure to clean the uterus?
The ruling on divorce and the waiting period () in this case depends on whether the woman is considered to be in a state of postnatal bleeding () or not. A divorce pronounced during nifas is, according to the preponderant opinion, not valid. The blood discharged after a miscarriage is not considered nifas blood unless human creation is apparent in the fetus, which does not occur before eighty days of pregnancy. So, if the miscarriage happened before eighty days, the blood is considered irregular bleeding (), and the divorce is valid. The waiting period then begins with three menstrual cycles after the cessation of the bleeding. However, if the miscarriage occurred after eighty days and the fetus showed signs of human creation, then the blood is nifas, and the divorce is not valid.
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