مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٦٣٧ - SOME PROBLEMS CONCERNING THE RULE OF ILZAM

intercourse takes place with a woman who is a yaisa (menopause) or a minor, she should observe the waiting period after being divorced, but this is not necessary among the Shiah. Hence, if a Sunni woman. who is a yaisa or a minor, is given revocable divorce by her Sunni husband and she becomes Shiah she can claim subsistence from her Sunni husband for the waiting period. Similarly if the husband of a Sunni woman becomes Shiah he can marry her sister etc. without observing her waiting period.
(iv) If a Sunni divorces his wife in the absence of two witnesses or divorces her on one of the limbs of her body (e.g. on her finger) the divorce is valid according to Sunni jurisprudence. However, among the Shiah the divorce is invalid in both the cases. According to the rule of ilzam, therefore, a Shiah can marry such a divorced woman after the expiry of her waiting period.
(v) If a Sunni divorces his wife during menses or when she is fee from menses (and he has had sexual intercourse with her) the divorce is valid according to the Sunnis. Hence, according to the rule of ilzam, a Shiah man can marry that woman after the expiry of her waiting period.
(vi) A divorce given under coercion is valid only according to Hanafi jurisprudence. Hence. according to the rule of ilzam a Shiah can marry a woman who has been divorced under coercion in the light of Hanafi jurisprudence.
(vii) If a Sunni takes an oath that if he performs a particular act his wife will stand divorced. she will stand divorced according to Sunni jurisprudence in the event of his performing that act, and a Shiah can marry her. Similarly a written divorce is valid among the Sunnis but according to Jafariah Jurisprudence divorce cannot take place by correspondence. Hence, a Shiah on many a Sunni woman. who is divorced in writing.
(viii) According to Shafai Jurisprudence if a commodity is