2600. If a person has intercourse with a non-ma¦ram lady, thinking that she is his wife, the lady must observe an [‘iddah] waiting period, regardless of whether she knows that he is not her husband, or thinks that he is her husband.
2601. If a person commits adultery with a woman who is not his wife, she does not have to observe an ‘iddah, regardless of whether she knows that he is not her husband, or thinks that he is her husband.
2602. If a man deceives a woman to divorce her husband and marry him instead, then the divorce and the marriage will be valid. However, both of them will have committed a grave sin.
2603. If a woman stipulates within the marriage contract that if her husband travels or fails to pay her expenses for six months, as an example, then she reserves the right to divorce him, then such a condition will not be valid.
However, if she stipulates that whenever the man travels or fails to pay her expenses for six months, as an example, she would become his deputy in divorcing herself, and the divorce is conditional and not the deputyship, so the condition will be valid. In the event that the condition is realized, and she divorces herself, the divorce will be valid.
2604. If a lady’s husband disappears and she wishes to marry another man, she must refer her case to a just mujtahid and act according to his instructions.
2605. The father and paternal grandfather of a man who is permanently insane, may divorce his wife on his behalf given that it is in their best interests.
2606. The father or paternal grandfather of a minor cannot divorce his permanent wife. However, if the father or the paternal grandfather of a minor marries him to a girl in temporary marriage, they may gift the remaining period of the marriage to the girl if it is in the best interests of the minor, even if a part of the period falls within a time when the boy would be b¡ligh. An example of this would be a father who marries his fourteen year old son to a girl for a period of two years.
2607. If a person establishes two people to be just in the manner prescribed by the shari’a, and he divorces his wife in their presence, another man may marry that lady to himself or to another person even if he has not established the witnesses to be just. The recommended precaution in this case is that he should avoid marrying the lady to himself or marrying her to someone else.
2608. If a person divorces his wife without her knowledge, but pays for her expenses in the same manner as he used to when she was his wife, and then—for example—mentions to her after a year that he had divorced her a year ago, and he proves it according to the shari’a, then he may take the things that he had given her during the period when her expenses were not incumbent upon him, given that she has not used it. However, if she has used it already, he cannot reclaim it.
