Is the divorce of a menstruating woman valid?
Machine translationRead the Arabic original
Question : Hello, yes, peace be upon you. And upon you be peace. How are you, Shaykh? I am well. I say, Shaykh, yes, I divorced my wife twice, yes, and I did not know that she was menstruating, yes. In the first instance, I was speaking to her on the telephone from a faraway country, yes, and I was very, very angry, yes, and I did not know that she was menstruating, yes. So I do not know, Shaykh, whether the divorce took effect or not.
Answer : This is a private matter between you and me, but I will say that, if Allah wills, this is a good opportunity. I advise my Muslim brothers not to rush into divorce, because divorce is not a trivial matter; it has limits and conditions, and a person should not hasten to divorce unless there is a pressing need for it. This is because the bond of marriage is one of the strongest bonds, to the extent that Allah (Blessed and Exalted is He) made it a counterpart to kinship. He (Mighty and Majestic) said:[Al-Furqan 25:54] meaning that people are connected by blood relation and by in-law relations. Kinship is blood relation, and in-law relations are the connection established through marriage. I advise my brothers to refrain from this shameful act, which is that one of them, when he becomes angry, even slightly, or when his wife disagrees with him, even slightly, goes to divorce her. Sometimes he says, "You are divorced once," and sometimes he says, "You are divorced, you are divorced, you are divorced," and sometimes he says, "You are divorced three times." All of this is from Shaytan.
The Shaykh : Divorce must be done with a settled mind, with conviction, and with thought given to the matter, so that if it becomes necessary, it then takes effect according to the Shari'ah conditions. It is astonishing that these people rush into divorce while they see today the difficulty of obtaining a wife, not because of the high cost of the dowry, nor because of the arrogance of some of their rulers, nor because of a lack of women who please their suitors.
The Shaykh : Is there a warning against rushing into divorce, especially the triple divorce, for it is forbidden and a form of mocking the verses of Allah? How can Allah give you the opportunity to divorce three times, and then you go and combine the three in one moment? Likewise, it is forbidden for a person to pronounce two divorces and say, "You are divorced twice," or "You are divorced, you are divorced," because this is a form of mocking the verses of Allah (Mighty and Majestic). As for your question, O brother questioner, this is not to be discussed except between you and me, but perhaps there is good in this harm. May Allah reward you. Thank you, my brother.
Answer : This is a private matter between you and me, but I will say that, if Allah wills, this is a good opportunity. I advise my Muslim brothers not to rush into divorce, because divorce is not a trivial matter; it has limits and conditions, and a person should not hasten to divorce unless there is a pressing need for it. This is because the bond of marriage is one of the strongest bonds, to the extent that Allah (Blessed and Exalted is He) made it a counterpart to kinship. He (Mighty and Majestic) said:
And it is He who has created from water a human being and made him
وَهُوَ الَّذِي خَلَقَ مِنَ الْمَاءِ بَشَرًا فَجَعَلَهُThe Shaykh : Divorce must be done with a settled mind, with conviction, and with thought given to the matter, so that if it becomes necessary, it then takes effect according to the Shari'ah conditions. It is astonishing that these people rush into divorce while they see today the difficulty of obtaining a wife, not because of the high cost of the dowry, nor because of the arrogance of some of their rulers, nor because of a lack of women who please their suitors.
The Shaykh : Is there a warning against rushing into divorce, especially the triple divorce, for it is forbidden and a form of mocking the verses of Allah? How can Allah give you the opportunity to divorce three times, and then you go and combine the three in one moment? Likewise, it is forbidden for a person to pronounce two divorces and say, "You are divorced twice," or "You are divorced, you are divorced," because this is a form of mocking the verses of Allah (Mighty and Majestic). As for your question, O brother questioner, this is not to be discussed except between you and me, but perhaps there is good in this harm. May Allah reward you. Thank you, my brother.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 2052- -هل يقع طلاق الحائض؟ ونصيحة من الشيخ/سؤال على الهاتف 📞 /ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
