The Kitáb-i-Aqdas - The Most Holy Book
Index term: separation, under Divorce
k67.
It hath been decreed by God that, should any one of His servants intend to travel, he must fix for his wife a time when he will return home. If he return by the promised time, he will have obeyed the bidding of his Lord and shall be numbered by the Pen of His behest among the righteous; otherwise, if there be good reason for delay, he must inform his wife and make the utmost endeavour to return to her. Should neither of these eventualities occur, it behoveth her to wait for a period of nine months, after which there is no impediment to her taking another husband; but should she wait longer, God, verily, loveth those women and men who show forth patience. Obey ye My commandments, and follow not the ungodly, they who have been reckoned as sinners in God’s Holy Tablet. If, during the period of her waiting, word should reach her from her husband, she should choose the course that is praiseworthy. He, of a truth, desireth that His servants and His handmaids should be at peace with one another; take heed lest ye do aught that may provoke intransigence amongst you. Thus hath the decree been fixed and the promise come to pass. If, however, news should reach her of her husband’s death or murder, and be confirmed by general report, or by the testimony of two just witnesses, it behoveth her to remain single; then, upon completion of the fixed number of months, she is free to adopt the course of her choosing. Such is the bidding of Him Who is mighty and powerful in His command.
k68.
Should resentment or antipathy arise between husband and wife, he is not to divorce her but to bide in patience throughout the course of one whole year, that perchance the fragrance of affection may be renewed between them. If, upon the completion of this period, their love hath not returned, it is permissible for divorce to take place. God’s wisdom, verily, hath encompassed all things. The Lord hath prohibited, in a Tablet inscribed by the Pen of His command, the practice to which ye formerly had recourse when thrice ye had divorced a woman. This He hath done as a favour on His part, that ye may be accounted among the thankful. He who hath divorced his wife may choose, upon the passing of each month, to remarry her when there is mutual affection and consent, so long as she hath not taken another husband. Should she have wed again, then, by this other union, the separation is confirmed and the matter is concluded unless, clearly, her circumstances change. Thus hath the decree been inscribed with majesty in this glorious Tablet by Him Who is the Dawning-place of Beauty.
k70.
Should a woman be divorced in consequence of a proven act of infidelity, she shall receive no maintenance during her period of waiting. Thus hath the day-star of Our commandment shone forth resplendent from the firmament of justice. Truly, the Lord loveth union and harmony and abhorreth separation and divorce. Live ye one with another, O people, in radiance and joy. By My life! All that are on earth shall pass away, while good deeds alone shall endure; to the truth of My words God doth Himself bear witness. Compose your differences, O My servants; then heed ye the admonition of Our Pen of Glory and follow not the arrogant and wayward.
n96.
should any one of His servants intend to travel, he must fix for his wife a time when he will return home
If the husband leaves without informing his wife of the date of his return, and no news of him reaches her and all trace of him is lost, Bahá’u’lláh has stated that, should the husband have been aware of the law prescribed in the Kitáb-i-Aqdas, the wife may remarry after waiting a full year. If, however, the husband was unaware of the law, the wife must wait until news of her husband reaches her (Q&A 4).
n97.
it behoveth her to wait for a period of nine months, after which there is no impediment to her taking another husband
In the event of the husband’s failure, either to return at the end of the specified period of time or to notify his wife of a delay, the wife must wait nine months, after which she is free to remarry, though it is preferable for her to wait longer (see note 147 for the Bahá’í­ calendar).
Bahá’u’lláh states that, in such circumstances, should news reach the wife of "her husband’s death or murder", she must also wait nine months, prior to remarrying (Q&A 27). ‘Abdu’l-Bahá, in a Tablet, has further clarified that the nine months' waiting period following news of the husband’s death applies only if the husband had been away at the time of his death, and not if he dies while at home.
n98.
she should choose the course that is praiseworthy
Bahá’u’lláh defines “the course that is praiseworthy” as “the exercise of patience” (Q&A 4).
n99.
two just witnesses
Bahá’u’lláh sets out “the criterion of justness” in relation to witnesses as “a good reputation among the people”. He states that it is not necessary that the witnesses should be Bahá’í­s since “The testimony of all God’s servants, of whatever faith or creed, is acceptable before His Throne” (Q&A 79).
q4.
 
Question: Should a man go on a journey without specifying a time for his return -- without indicating, in other words, the expected period of his absence -- and should no word be heard of him thereafter, and all trace of him be lost, what course should be followed by his wife?
Answer: Should he have omitted to fix a time for his return despite being aware of the stipulation of the Kitáb-i-Aqdas in this regard, his wife should wait for one full year, after which she shall be free either to adopt the course that is praiseworthy, or to choose for herself another husband. If, however, he be unaware of this stipulation, she should abide in patience until such time as God shall please to disclose to her his fate. By the course that is praiseworthy in this connection is meant the exercise of patience.
q19.
 
Question: Should a person plan to migrate from his country, and his wife be opposed and the disagreement culminate in divorce, and should his preparations for the journey extend until a year hath passed, may this period be counted as the year of patience, or should the day the couple part be regarded as the starting-point of that year?
Answer: The starting-point for computation is the day the couple part, and if, therefore, they have separated a year before the husband’s departure, and if the fragrance of affection hath not been renewed between the couple, divorce may take place. Otherwise the year must be counted from the day of his departure, and the conditions set forth in the Kitáb-i-Aqdas observed.
q98.
 
Question: A further question on divorce.
Answer: Since God, exalted be His glory, doth not favour divorce, nothing was revealed on this issue. However, from the beginning of the separation until the end of one year, two people or more must remain informed as witnesses; if, by the end, there is no reconciliation, divorce taketh place. This must be recorded in the registry by the religious judicial officer of the city appointed by the Trustees of the House of Justice. Observance of this procedure is essential lest those that are possessed of an understanding heart be saddened.