The Kitáb-i-Aqdas - The Most Holy Book
Index term: 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.
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.
k69.
If the wife accompany her husband on a journey, and differences arise between them on the way, he is required to provide her with her expenses for one whole year, and either to return her whence she came or to entrust her, together with the necessaries for her journey, to a dependable person who is to escort her home. Thy Lord, verily, ordaineth as He pleaseth, by virtue of a sovereignty that overshadoweth the peoples of the earth.
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.
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).
n100.
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
Divorce is strongly condemned in the Bahá’í­ Teachings. If, however, antipathy or resentment develop between the marriage partners, divorce is permissible after the lapse of one full year. During this year of patience, the husband is obliged to provide for the financial support of his wife and children, and the couple is urged to strive to reconcile their differences. Shoghi Effendi affirms that both the husband and wife "have equal right to ask for divorce" whenever either partner "feels it absolutely essential to do so".
In Questions and Answers, Bahá’u’lláh elaborates a number of issues concerning the year of patience, its observance (Q&A 12), establishing the date of its beginning (Q&A 19 and 40), the conditions for reconciliation (Q&A 38), and the role of witnesses and the Local House of Justice (Q&A 73 and 98). In relation to the witnesses, the Universal House of Justice has clarified that in these days the duties of the witnesses in cases of divorce are performed by the Spiritual Assemblies.
The detailed provisions of the Bahá’í­ laws on divorce are summarized in the Synopsis and Codification, section IV.C.2.a.-i.
n100.
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
Divorce is strongly condemned in the Bahá’í­ Teachings. If, however, antipathy or resentment develop between the marriage partners, divorce is permissible after the lapse of one full year. During this year of patience, the husband is obliged to provide for the financial support of his wife and children, and the couple is urged to strive to reconcile their differences. Shoghi Effendi affirms that both the husband and wife "have equal right to ask for divorce" whenever either partner "feels it absolutely essential to do so".
In Questions and Answers, Bahá’u’lláh elaborates a number of issues concerning the year of patience, its observance (Q&A 12), establishing the date of its beginning (Q&A 19 and 40), the conditions for reconciliation (Q&A 38), and the role of witnesses and the Local House of Justice (Q&A 73 and 98). In relation to the witnesses, the Universal House of Justice has clarified that in these days the duties of the witnesses in cases of divorce are performed by the Spiritual Assemblies.
The detailed provisions of the Bahá’í­ laws on divorce are summarized in the Synopsis and Codification, section IV.C.2.a.-i.
n101.
The Lord hath prohibited . . . the practice to which ye formerly had recourse when thrice ye had divorced a woman.
This relates to a law of Islám set out in the Qur’án which decreed that under certain conditions a man could not remarry his divorced wife unless she had married and been divorced by another man. Bahá’u’lláh affirms that this is the practice which has been prohibited in the Kitáb-i-Aqdas (Q&A 31).
n102.
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 . . . unless, clearly, her circumstances change.
Shoghi Effendi states, in a letter written on his behalf, that the intention of "the passing of each month" is not to impose a limitation, and that it is possible for a divorced couple to remarry at any time after their divorce, so long as neither party is currently married to another person.
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.
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.
q11.
 
Question: If intercourse take place between a couple during their year of patience, and they become estranged again thereafter, must they recommence their year of patience, or may the days preceding the intercourse be included in the reckoning of the year? And once divorce hath taken place, is it necessary that a further period of waiting be observed?
Answer: Should affection be renewed between the couple during their year of patience, the marriage tie is valid, and what is commanded in the Book of God must be observed; but once the year of patience hath been completed and that which is decreed by God taketh place, a further period of waiting is not required. Sexual intercourse between husband and wife is forbidden during their year of patience, and whoso committeth this act must seek God’s forgiveness, and, as a punishment, render to the House of Justice a fine of nineteen mithqáls of gold.
q12.
 
Question: Should antipathy develop between a couple after the Marriage Verses have been read and the dowry paid, may divorce take place without observance of the year of patience?
Answer: Divorce may legitimately be sought after the reading of the Marriage Verses and payment of the dowry, but before the consummation of the marriage. In such circumstances there is no need for observance of a year of patience, but recovery of the dowry payment is not permissible.
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.
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.
q38.
 
Question: Concerning divorce, which must be preceded by a year of patience: if only one of the parties is inclined toward conciliation, what is to be done?
Answer: According to the commandment revealed in the Kitáb-i-Aqdas, both parties must be content; unless both are willing, reunion cannot take place.
q40.
 
Question: If during the year of patience the fragrance of affection be renewed, only to be succeeded by antipathy, and the couple waver between affection and aversion throughout the year, and the year endeth in antipathy, can divorce take place or not?
Answer: In each case at any time antipathy occurreth, the year of patience beginneth on that day, and the year must run its full course.
q47.
 
Question: Supposing that a man hath wed a certain woman believing her to be a virgin and he hath paid her the dowry, but at the time of consummation it becometh evident that she is not a virgin, are the expenses and the dowry to be repaid or not? And if the marriage had been made conditional upon virginity, doth the unfulfilled condition invalidate that which was conditioned upon it?
Answer: In such a case the expenses and the dowry may be refunded. The unfulfilled condition invalidateth that which is conditioned upon it. However, to conceal and forgive the matter will, in the sight of God, merit a bounteous reward.
q73.
 
Question: If, upon completion of the year of patience, the husband refuseth to allow divorce, what course should be adopted by the wife?
Answer: When the period is ended divorce is effected. However, it is necessary that there be witnesses to the beginning and end of this period, so that they can be called upon to give testimony should the need arise.
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.
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.