Divorce of a man who lost consciousness, and the ruling on the waiting period and final divorce
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Question:
This man says: A man divorced his wife and then lost consciousness while she was in her waiting period, and he did not regain consciousness until after her waiting period had ended. His divorce here is a revocable divorce. So, does that period during which he was unconscious count against him or not? And if the divorce had been a final divorce, would the woman be separated from him, such that he could not take her back except after she had married a new husband?
Answer:
Yes. If he took her back before losing consciousness, during the waiting period, then his taking her back is valid. However, if he lost consciousness before taking her back and did not regain consciousness until after the waiting period had ended, then she is separated from him by a minor final divorce. She becomes lawful to him through a new marriage contract, and one of his divorces is lost, leaving him with one divorce remaining. This is the detail of this issue.
Divorce that is final (ba'in) is of two types: a final divorce of the lesser kind (baynunah sughra), which is like this case where the three pronouncements have not been completed, and a final divorce of the greater kind (baynunah kubra), which is the divorce of one who has completed the three pronouncements. So this means with a new contract.
This man says: A man divorced his wife and then lost consciousness while she was in her waiting period, and he did not regain consciousness until after her waiting period had ended. His divorce here is a revocable divorce. So, does that period during which he was unconscious count against him or not? And if the divorce had been a final divorce, would the woman be separated from him, such that he could not take her back except after she had married a new husband?
Answer:
Yes. If he took her back before losing consciousness, during the waiting period, then his taking her back is valid. However, if he lost consciousness before taking her back and did not regain consciousness until after the waiting period had ended, then she is separated from him by a minor final divorce. She becomes lawful to him through a new marriage contract, and one of his divorces is lost, leaving him with one divorce remaining. This is the detail of this issue.
Divorce that is final (ba'in) is of two types: a final divorce of the lesser kind (baynunah sughra), which is like this case where the three pronouncements have not been completed, and a final divorce of the greater kind (baynunah kubra), which is the divorce of one who has completed the three pronouncements. So this
She is not lawful to him until she marries another husband. If he then divorces her, there is no blame on either of them if they take each other back.
لا تحل له حتى سينكح زوجا غيره، فإن طلقها فلا جناح عليهما أن يتراجعا
Source
لقاء مفتوح [الزلفي] — alfawzan.live (19:26)
The Arabic text is a machine transcription of the audio recording.