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Leaving The Husbands Home During Iddat Due To Falling Ill

Question

If a woman serving her Iddat of Talaaq-e-Rajee leaves her husbands home due to falling ill, against her husbands will, wil she be entitled to Nafaqah (maintenance)?

Answer

Falling ill is not a valid reason for the divorced wife to leave the matrimonial home during her Iddat since treatment may be administered within the confines of her home. Similarly, if she requires any form of assistance due to weakness, then this too can be arranged whilst serving her Iddat within the confines of her matrimonial home. As this is not a valid reason, if she leaves the matrimonial home to go and stay with her parents (without the husband’s consent), she will not be entitled to Nafaqah until such a stage that she returns to the common matrimonial home.  

الْمُعْتَدَّةُ إذَا خَرَجَتْ من بَيْتِ الْعِدَّةِ تَسْقُطُ نَفَقَتُهَا ما دَامَتْ على النُّشُوزِ فَإِنْ عَادَتْ إلَى بَيْتِ الزَّوْجِ كان لها النَّفَقَةُ وَالسُّكْنَى ثُمَّ الْخُرُوجُ عن بَيْتِ الْعِدَّةِ على سَبِيلِ الدَّوَامِ ليس بِشَرْطٍ لِسُقُوطِ نَفَقَتِهَا فَإِنَّهَا إذَا خَرَجَتْ زَمَانًا وَسَكَنَتْ زَمَانًا لَا تَسْتَحِقُّ النَّفَقَة 

(البحر الرائق ص199 ج4)

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.

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