Is the divorce of innovation effective or not?
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Question : Do you think it is effective or not? Is it required to shape this stage?
Answer : The divorce of innovation is either an innovation in its timing or an innovation in its number. As for the innovation in number, it is effective, and the majority of scholars hold that it is effective according to the number of pronouncements. The correct view is that only one is effective, such as if the husband says, "You are divorced, you are divorced, you are divorced," or "You are divorced three times," or "You are divorced twice," or "You are divorced, you are divorced." This is an innovation in what? It is an innovation in the number, but only one is effective. The majority of scholars hold that it is effective according to the number, so if he says, "You are divorced twice," two are effective, and if he says, "You are divorced three times," three are effective. But the correct view is that only one is effective. As for the innovation in timing, such as if he divorces her while she is menstruating, or if he divorces her during a period of purity in which he had intercourse with her and her pregnancy has not become apparent, the majority of scholars also hold that it is effective, and the four Imams (may Allah have mercy on them) are of this opinion. Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) held that the innovation is not effective; the divorce of innovation in timing is not effective. He said that it is contrary to the command of Allah and His Messenger (peace and blessings be upon him), and the Prophet (peace and blessings be upon him) said:Sahih Muslim 1718b So if he divorces her while she is menstruating, the divorce is not effective, and if he divorces her during a period of purity in which he had intercourse with her and her pregnancy has not become apparent, the divorce is not effective. No, no, it is not effective, even if he repeats it. If he says, "You are divorced, you are divorced, you are divorced," only one is effective.
Answer : The divorce of innovation is either an innovation in its timing or an innovation in its number. As for the innovation in number, it is effective, and the majority of scholars hold that it is effective according to the number of pronouncements. The correct view is that only one is effective, such as if the husband says, "You are divorced, you are divorced, you are divorced," or "You are divorced three times," or "You are divorced twice," or "You are divorced, you are divorced." This is an innovation in what? It is an innovation in the number, but only one is effective. The majority of scholars hold that it is effective according to the number, so if he says, "You are divorced twice," two are effective, and if he says, "You are divorced three times," three are effective. But the correct view is that only one is effective. As for the innovation in timing, such as if he divorces her while she is menstruating, or if he divorces her during a period of purity in which he had intercourse with her and her pregnancy has not become apparent, the majority of scholars also hold that it is effective, and the four Imams (may Allah have mercy on them) are of this opinion. Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) held that the innovation is not effective; the divorce of innovation in timing is not effective. He said that it is contrary to the command of Allah and His Messenger (peace and blessings be upon him), and the Prophet (peace and blessings be upon him) said:
He who did any act for which there is no sanction from our behalf, that is to be rejected.
من عمل عملا ليس عليه أمرنا فهو رد
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 56 - 60 هل طلاق البدعة يقع أم لا؟ إنما الأعمال بالنيات - ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
