⚖️ Polygyny: rulings & justice · #18

I divorced my fourth wife. Can I marry again straight away or must I wait for her ʿiddah to end?

If the talaq is revocable (raj'i), you must wait for her ʿiddah to end because she still counts as a wife; if the talaq is irrevocable (ba'in), the Shafi'i school permits marrying during the ʿiddah, but other schools forbid it.
A wife in the ʿiddah of a revocable talaq still has the status of a wife in most matters, so marrying another woman would mean having five wives. For an irrevocable talaq (for example a triple talaq or khulʿ), the marital bond has ended, so the Shafi'is permit it. Since this issue also involves registration and polygyny permission, consult your state Religious Affairs Office or Syariah Court. See ʿIddah & reconciliation.

Difference between schools. The Shafi'is and Malikis permit it after an irrevocable (ba'in) talaq even during the ʿiddah; the Hanafis and Hanbalis require waiting until the ʿiddah ends even after an irrevocable talaq.

Sources

Surah an-Nisa' 4:3Surah al-Baqarah 2:228

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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