Discussion on the occurrence of divorce during menstruation
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The questioner : He says that divorce during post-natal bleeding is forbidden, so how can post-natal bleeding not be counted as part of the waiting period, even though he forbade it in the first place? How does he reconcile this?
The Shaykh : Yes, indeed. He says that divorce is forbidden; divorce is forbidden because it is like menstruation in its rulings, and it is not counted as part of the waiting period, because Allah says[Al-Baqarah 2:228] and post-natal bleeding is not among the periods of menstruation.
The questioner : When does it occur? If it is forbidden, it does not exist at all.
The Shaykh : No, no, it exists, because in their view, divorce during menstruation is forbidden but it takes effect. The school of thought holds that it takes effect.
The questioner : We thank you for this. If we can distinguish that the blood is beneficial, it has a wisdom. And if the corrupt blood is distinguished, it has a ruling regarding corrupt blood. But if she says she cannot distinguish between this and that, and she is confused, what is the ruling?
The Shaykh : The ruling is that it is post-natal bleeding, because it is blood in its time. The default is that it is from it until a cause becomes clear that necessitates it not being from post-natal bleeding. Yes.
The questioner : Even if it is after the forty days.
The Shaykh : No, after the forty days, no. After the forty days, we consider it menstruation. At the very least, the correct view is that it is a thread of blood. Unless she has purified herself, and a period occurred in the sixtieth day, meaning if the blood continued with her. Yes, indeed. Yes.
The questioner : This strengthens the opinion of the school of thought if we say the man divorces, that he emerges in three months, that he may need this, meaning, and if she means she cannot increase, meaning, and he finds in her what he sees, and we were in the good, meaning, if she may have had something wrong with her, he returns. Do they not say that divorce is forbidden?
The Shaykh : In post-natal bleeding, just as it is forbidden in menstruation, yes.
The questioner : All right, we said that the cause.
The Shaykh : Is among the games, yes.
The questioner : Among the, yes.
The Shaykh : A disease that does not strengthen, because the original cause is that they divorced them for their waiting periods, and post-natal bleeding has no share in the waiting period, this is the default.
The questioner : Yes.
The Shaykh : That it prevents from the homeland.
The questioner : All right, Shaykh, how do you see it yourself, O Abu Muharram?
The Shaykh : It is not permissible for him to have intercourse with her, not because she is not his wife, but because she is in post-natal bleeding, because it is blood, and as Allah Mighty and Majestic said[Al-Baqarah 2:222] and the harm is present with the blood of post-natal bleeding just as it is present with the blood of menstruation.
The Shaykh : Yes, indeed. He says that divorce is forbidden; divorce is forbidden because it is like menstruation in its rulings, and it is not counted as part of the waiting period, because Allah says
Divorced women remain in waiting for three periods
وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَاثَةَ قُرُوءٍThe questioner : When does it occur? If it is forbidden, it does not exist at all.
The Shaykh : No, no, it exists, because in their view, divorce during menstruation is forbidden but it takes effect. The school of thought holds that it takes effect.
The questioner : We thank you for this. If we can distinguish that the blood is beneficial, it has a wisdom. And if the corrupt blood is distinguished, it has a ruling regarding corrupt blood. But if she says she cannot distinguish between this and that, and she is confused, what is the ruling?
The Shaykh : The ruling is that it is post-natal bleeding, because it is blood in its time. The default is that it is from it until a cause becomes clear that necessitates it not being from post-natal bleeding. Yes.
The questioner : Even if it is after the forty days.
The Shaykh : No, after the forty days, no. After the forty days, we consider it menstruation. At the very least, the correct view is that it is a thread of blood. Unless she has purified herself, and a period occurred in the sixtieth day, meaning if the blood continued with her. Yes, indeed. Yes.
The questioner : This strengthens the opinion of the school of thought if we say the man divorces, that he emerges in three months, that he may need this, meaning, and if she means she cannot increase, meaning, and he finds in her what he sees, and we were in the good, meaning, if she may have had something wrong with her, he returns. Do they not say that divorce is forbidden?
The Shaykh : In post-natal bleeding, just as it is forbidden in menstruation, yes.
The questioner : All right, we said that the cause.
The Shaykh : Is among the games, yes.
The questioner : Among the, yes.
The Shaykh : A disease that does not strengthen, because the original cause is that they divorced them for their waiting periods, and post-natal bleeding has no share in the waiting period, this is the default.
The questioner : Yes.
The Shaykh : That it prevents from the homeland.
The questioner : All right, Shaykh, how do you see it yourself, O Abu Muharram?
The Shaykh : It is not permissible for him to have intercourse with her, not because she is not his wife, but because she is in post-natal bleeding, because it is blood, and as Allah Mighty and Majestic said
Say, "It is harm
قُلْ هُوَ أَذًى
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 926مناقشة في وقوع الطلاق في الحيض..📔 الشرح الممتع على زاد المستقنع - ابن عثيمين - مشروع كبار العلماء — youtube.com
The Arabic text is a machine transcription of the audio recording.
