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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Meaning of Major and Minor Divorce (Baynuna)

Machine translationRead the Arabic original
Question:
Honorable Shaykh, what is the meaning of major baynuna (divorce)? And what is the major baynuna in the case of a woman who has been divorced three times? When the number of divorces reaches three, she is separated by a major baynuna.

Answer:
Major baynuna, as Allah the Exalted said:
Divorce is twiceالطَّلَاقُ مَرَّتَانِ
[Al-Baqarah 2:229]
. Then He said after that:
And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him. And if the latter husband divorces herفَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِن بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُ فَإِن طَلَّقَهَا
[Al-Baqarah 2:230]
that he should divorce her,
there is no blame upon the woman and her former husband for returning to each otherفَلَا جُنَاحَ عَلَيْهِمَا أَن يَتَرَاجَعَا
[Al-Baqarah 2:230]
. We have understood this major baynuna. Minor baynuna is that in which there is no right of taking back (raj'ah) and the number of divorces has not reached three. For example, if he divorced her in exchange for compensation, or if he divorced her once in exchange for compensation, and she said, "I will give you such and such amount of money, so take me back," and he said, "You are divorced," then according to the rules, this is a minor baynuna. If he wants her, he can marry her with a new contract. However, he cannot take her back (raj'ah) because she offered compensation to free herself from him, seeking to be released from him. Similarly, in the case of a woman in the state of raj'ah (where the husband can take her back), if her waiting period ('iddah) ends and he does not take her back, a minor baynuna occurs. He can then contract a new marriage with her, and she does not need to marry another man first. This is a minor baynuna. Yes.
The minor separation does not allow for a new marriage contract and intercourse with a new husband; rather, he takes her back with a contract, even during the waiting period, because the waiting period is for him. There is no harm in his contracting with her and changing the waiting period, because she is divorced. As for the major separation, she is not lawful for him except
afterward until [after] she marries a husband other than himمِن بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُ
[Al-Baqarah 2:230]
. Yes.
Source معنى البينونة الكبرى والصغرى — alfawzan.live

The Arabic text is a machine transcription of the audio recording.

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