Year of Patience

Topics

• Financial support of wife during Year of Patience

Hope is that during the year of patience, divorce will not be necessary, so contrary to teachings for either party to be courting a new partner during this period (though Assembly not to use sanctions unless fragrantly immoral)

"It is always the hope that, during the year of patience, affection between the couple will recur and that divorce will not be necessary. Therefore, although normal social relationships between each of the partners and members of both sexes is permissible, it is quite contrary to the spirit of the teachings for either party to be courting a new partner during the year of waiting. This should be made clear to the couple and they should be exhorted to conduct themselves as Bahá'ís. However, this is not an area in which the Assembly should resort to sanctions if either or both of the pair disregard this principle. Naturally, if one of the parties conducts himself or herself in a way that is blatantly or flagrantly immoral the matter should be handled as any other similar case would be, but from your cables we understand that this is not the situation in the case at present before you."

(From a letter written by the Universal House of Justice to a National Spiritual Assembly, February 15, 1973, in Lights of Guidance, no. 1318)

Future fine of 19 mithqáls for having sex during Year of Patience

"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."

(Bahá'u'lláh,Kitáb-i-Aqdas, Questions and Answers, no. 11)

From Lights of Guidance (to categorize)

One Year of Waiting Whether Bahá'í When Married or Not

"As regards Bahá'í divorce as mentioned in your letter of June 12th: Bahá'ís (whether one party or both are believers) should follow the Bahá'í law of divorce, i.e., one year of waiting, and not neglect this divinely given law. Whether they were Bahá'ís when married or not has nothing to do with it."

(From a letter written on behalf of the Guardian to the National Spiritual Assembly of the British Isles, June 12, 1952, in Lights of Guidance, no. 1314)

If One Party is Mentally Ill

"We have reviewed your letter of January 21, 1964 requesting instructions as to how to handle Bahá'í divorce when one of the parties is mentally ill.

"Far from being required to live together during the year of patience, the parties are in fact prohibited from doing so.

"The Bahá'í divorce must be handled either by the Local Assembly or by the National Assembly, but either may handle it at the discretion of your Assembly."

(From a letter of the Universal House of Justice to the National Spiritual Assembly of Colombia, February 23, 1964, in Lights of Guidance, no. 1316)

Bahá'ís Who Intend to Divorce Must Consult with Local or National Assembly

"However, it is necessary that Bahá'ís who intend to divorce be aware that they must consult with their Local or National Assembly, that basically a year of waiting must ensue before divorce can be effected, and that the Assembly has certain responsibilities toward the couple concerned about which they will be informed through consultation with the Assembly."

(From a letter of the Universal House of Justice to the National Spiritual Assembly of the United States, April 16, 1967, in Lights of Guidance, no. 1317)

The Assembly Should Determine that Irreconcilable Antipathy Exists Before Setting the Date of the Beginning of the Year of Waiting

"Regarding the case of the married couple who have separated and wish to set the date of the beginning of the year of waiting retroactively, we are directed to say that the conclusions expressed in the fourth paragraph of your letter are correct; that is, that the Local Assembly should determine, before setting the date of the beginning of the year of waiting, that irreconcilable antipathy exists. While a Local or National Assembly may request the advice of the Continental Board of Counsellors and their Board members, and should be grateful for their assistance, it is the Assembly's responsibility to conduct its own investigation and come to a decision. Assemblies are, of course, discouraged from probing unnecessarily into details of personal lives and the examination of a divorce problem should not go beyond what is necessary to ascertain whether or not such antipathy does, indeed, exist.

"When a Spiritual Assembly receives an application for Bahá'í divorce its first duty is to try to reconcile the couple. If this is not possible, and the couple separates, further efforts at reconciliation should be made during the ensuing year.

"While there are circumstances in which the date of waiting may be fixed retroactively, the situation you describe of the husband leaving for the purpose of finding work cannot be accepted as one of them."

(From a letter written on behalf of the Universal House of Justice to a National Spiritual Assembly, May 30, 1983, in Lights of Guidance, no. 1319)

Procedure for an Assembly When Application for Divorce is Received

"The procedure, briefly, is that when a Spiritual Assembly receives an application for divorce its first duty is to try to reconcile the couple. When it determines that this is not possible, it should then set the date of the beginning of the year of waiting. That could be the date on which the Assembly reaches the decision, unless the couple are still living together, in which case it must be postponed until they separate. If the couple had already separated some time before, the Assembly may back-date the beginning of the year; however, the earliest date on which it can be set is the date on which the couple last separated with the intention of obtaining a divorce."

(From a letter written on behalf of the Universal House of Justice to the National Spiritual Assembly of the Netherlands, September 11, 1986, in Lights of Guidance, no. 1320)

The Setting of the Date of the Beginning of the Year of Patience is Not Automatic

"...The setting of the date of the beginning of the year of patience is not automatic.

The Assembly must first determine whether grounds for a Bahá'í divorce exist and should make every effort to reconcile the parties. If the aversion existing between the parties is found to be irreconcilable then the Assembly may set the date for the beginning of the year of waiting..."

(From a letter written by the Universal House of Justice to a National Spiritual Assembly, September 7, 1970, in Lights of Guidance, no. 1321)

Beginning of the Year of Patience Normally Commences When Parties Notify Assembly of their Separation with Intent to Divorce

"Thus the date of the beginning of the year of patience normally commences when one of the parties notifies the Assembly that they have separated with the intention of divorce. However, the Assembly may establish the beginning of the year of patience on a prior date provided it is satisfied such prior date reflects the actual date of separation and there is good reason for so doing."

(From a letter written on behalf of the Universal House of Justice to a National Spiritual Assembly, August 26, 1965, in Lights of Guidance, no. 1322)

Duties of Assembly or Committee on Divorce Procedures

"In the opening paragraphs of your letter you speak of your Committee adjudicating upon divorce settlements, and the House of Justice feels that the use of the word 'adjudicate' may lie at the root of some of the problems that the committee is facing. In a country like the United Kingdom, where divorce is subject to the civil law, the function of the Assembly (or its committee) in dealing with a divorce case is not primarily a matter of adjudication. Its first duty is to try to reconcile the couple. If it finds that it is unable to do this, it then sets the beginning of the year of waiting and continues, as circumstances permit and wisdom dictates, throughout the running of the year, its attempts at reconciliation.

(From a letter written on behalf of the Universal House of Justice to the National Spiritual Assembly of the United Kingdom, February 24, 1983, in Lights of Guidance, no. 1323)

Dating During the Year of Patience

"It is always the hope that, during the year of patience, affection between the couple will recur and that divorce will not be necessary. Therefore, although normal social relationships between each of the partners and members of both sexes are permissible, it is quite contrary to the spirit of the teachings for either party to be courting a new partner during the year of waiting. This should be made clear to the couple if necessary and they should be exhorted to conduct themselves as Bahá'ís. However, this is not an area in which the Assembly should resort to sanctions if either or both of the pair disregard this principle. Naturally, if one of the parties conducts himself or herself in a way that is blatantly or flagrantly immoral the matter should be handled as any other similar case would be."

(From a letter of the Universal House of Justice to an individual believer, March 6, 1974, in Lights of Guidance, no. 1324)

Summary--Relating to the Fixing of the Date of Separation

1. The first task of the National Spiritual Assembly is to attempt to reconcile the couple, but if it finds that this is not possible and that an irreconcilable antipathy exists, it must register the beginning of the year of waiting. The Assembly may meet with the couple together or separately in its attempts to reconcile them. If there are compelling reasons for doing so, the Assembly may set a date retroactively for the beginning of the year of waiting, but this date can in no case be earlier than the last day the couple separated with the intention of having a divorce.

2. Attempts at reconciliation should continue during the year of waiting. Divorce, though permitted in the Bahá'í Faith, is abhorred and it is the hope that during the year of waiting the couple may become reconciled and divorce avoided.

3. With this in mind, it is more within the spirit of Bahá'í law for Bahá'ís to postpone the initiation of civil proceedings, (if the law of the country requires a civil divorce) until the end of the year of waiting. However, if such postponement gives rise to inequity or to a legal prejudice against the possibility of a civil divorce, it is, of course, permissible for the civil proceedings to be initiated during the year of waiting.

4. In most countries a civil divorce is required and, where this is so, the Bahá'í divorce does not become effective until the civil divorce has been granted. If the year of waiting has run its course when the civil divorce is granted, the Bahá'í divorce becomes automatically effective on that date. If the couple become reconciled before the granting of the civil divorce, even if the year of waiting has already elapsed, they have merely to inform the Spiritual Assembly and resume their marital status.

5. In case the civil divorce is actually granted before the end of the year of waiting and the couple become reconciled within that time between the granting of the civil divorce and the end of the year of waiting, they are, of course, still married in the eyes of the Bahá'í law and need only a civil marriage to restore the marriage bond.

6. The parties to a divorce must live apart in separate residences during the year of waiting. Any cohabitation of the parties stops the running of the year of waiting. If thereafter a divorce is desired a new date for the beginning of a new year of waiting must be set by the Assembly.

7. It is the responsibility of the husband to provide support for his wife and children during the year of waiting.

8. It is the responsibility of the Assembly to assist the divorced couple to arrive at an amicable settlement of their financial affairs and arrangement for the custody and support of the children rather than let these matters be a subject of litigation in the civil courts. If the Assembly is unable to bring the couple to an agreement on such matters then their only recourse is to the civil court.

"These are some of the general guidelines your Assembly should have in mind in divorce cases...."

(From a letter written on behalf of the Universal House of Justice to a National Spiritual Assembly, June 20, 1977, in Lights of Guidance, no. 1325)

It is Not Possible to Shorten the Period of Waiting

"It is not possible to shorten the period of waiting as this is a provision of the Kitab-i-Aqdas. However, a National Spiritual Assembly may, if circumstances justify it, backdate the beginning of the year provided that this is not earlier than the date the parties last separated with the intention of obtaining a divorce. It is not clear in the case you have cited whether the parties lived together during the period between June 1975 and the date you set for the beginning of the year of waiting on January 15th. If the parties were separated during this period and living in separate residences, then you could consider backdating the beginning of the year of waiting."

(From a letter written on behalf of the Universal House of Justice to a National Assembly, July 18, 1976, in Lights of Guidance, no. 1326)

The Assembly is Obliged to Consider Application for a Year of Waiting

"An Assembly is obliged to consider an application for a year of waiting from either party to a marriage, whether the other party wants the divorce or not. In this specific case you should therefore follow the usual procedure."

(From a letter written on behalf of the Universal House of Justice to a National Spiritual Assembly, July 28, 1985, in Lights of Guidance, no. 1327)

During Period of Legal Separation Dating in the Spirit of Courtship is Outside Bounds of Propriety

"The Universal House of Justice has instructed us to transmit its reply to your letter of 8 October concerning dating during the time of legal separation of one party.

"While the Bahá'í woman should not be forbidden to have occasional meetings in the spirit of friendship with a man legally separated from his wife, dating in the spirit of courtship is outside the bounds of Bahá'í propriety, even where the interpersonal relationship of the couple is not blatant or flagrant, casting reflections upon the strict morality required of Bahá'ís. The Bahá'í should be advised to break off the acquaintanceship should it appear to progress beyond friendship, for the non-Bahá'í man is, as you correctly state, still married; the legal separation may carry with it the hope and prospect of restoration of his marriage, a possibility which should not be obstructed by involvement with another woman. In cases such as this one, counsel rather than sanctions are called for, should the involvement of the Bahá'í woman require intervention."

(From a letter written on behalf of the Universal House of Justice to a National Spiritual Assembly, December 6, 1981, in Lights of Guidance, no. 1328)

Parties May Withdraw Their Application for Divorce at Any Time During the Year of Waiting

"It is not within the discretion of the parties to a Bahá'í divorce to extend the year of waiting and ask for the Bahá'í divorce 'at whatever time they feel so inclined.' If there has been no reconciliation of the parties in the meantime, the Bahá'í divorce becomes final at the end of the year of waiting unless the granting of the civil divorce is delayed beyond that time.

"The parties may, however, withdraw their application for Bahá'í divorce at any time during the year of waiting. Should they later desire to apply for divorce, a new year of waiting would have to be commenced."

(From a letter written on behalf of the Universal House of Justice to the National Spiritual Assembly of the United States, November 4, 1974, in Lights of Guidance, no. 1329)

There is No Law to Remove Voting Rights for Obtaining Civil Divorce Before the Year of Waiting Terminates

"...There is no Bahá'í law requiring the removal of voting rights for obtaining a civil divorce before the end of the year of waiting. It is, of course, preferred that civil divorce action be not instituted or completed before the end of the year unless there are special circumstances justifying such action. If a Bahá'í should marry another prior to the end of the year of waiting however, voting rights should be suspended as, under Bahá'í law, he is still regarded as married whether or not the civil divorce has been granted. On the other hand, if a non-Bahá'í partner, having obtained a civil divorce, marries during the year of waiting, the Bahá'í partner is released from the need to wait further."

(From a letter of the Universal House of Justice to a National Spiritual Assembly, August 20, 1974, in Lights of Guidance, no. 1331)

See also

• divorce

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