What is the ruling on divorcing a pregnant woman, and the issue of the husband knowing about a defect in his wife?
Machine translationRead the Arabic original
The Shaykh : There is no legal impediment, but here one must first consider the interest of both parties, and secondly the interest of the fetus. Otherwise, it is permissible to divorce her while she is pregnant. It is not permissible to divorce her while she is menstruating, but if she is pregnant, it is permissible. Yes, that is correct.
The questioner : Well, my lord, the first issue is that when he returned from the honeymoon, he told us that he knew about it before, but only to settle the matter for her sake. But now it has become clear that he did not know, and he has been honest with us. So, does this have any negative consequences?
The Shaykh : How am I to understand this? It sounds like contradictory statements.
The questioner : No, he... let us go back.
The Shaykh : From the very beginning, when he married her, did he know?
The questioner : I mean, truly, truly, the truth is that he did not know anything. But as soon as he returned from the honeymoon, the family took the matter up with great anger and distress. He told them that he had known, just to calm them down, for the girl's sake.
The Shaykh : That she washes.
The questioner : He knew about it. But in reality, he did not know. Do you understand?
The Shaykh : What do you mean, brother? He knew and he did not know? I do not understand.
The questioner : He did not know anything, but when the honeymoon was over and they returned, they started talking about the matter. Her family was very angry.
The Shaykh : Yes, yes. I care about the fact that he did not know at first, and then...
The questioner : So, I do not know. When he saw that his family was very angry, he told them, "I knew," just to silence them regarding her. Does this conflict with the complaint?
The Shaykh : No, it does not conflict with the fatwa from the legal perspective, but here the court may intervene in the matter.
The questioner : How do I feel about it?
The Shaykh : I mean, perhaps he will ultimately adopt the opinion he last stated, which was to appease his family. But from the legal perspective, nothing is entailed as long as he knows that she has the defect.
The questioner : It was a mistake, but do you see that the court considers it a mistake because of his family?
The Shaykh: I mean, if the matter is taken to the court, the court might rely on his second statement.
The questioner : I only said it for the sake of my family. Yes.
The Shaykh: It won't be in his favor, but that's how it is.
The questioner : A young man, my lord. Welcome.
The questioner : Well, my lord, the first issue is that when he returned from the honeymoon, he told us that he knew about it before, but only to settle the matter for her sake. But now it has become clear that he did not know, and he has been honest with us. So, does this have any negative consequences?
The Shaykh : How am I to understand this? It sounds like contradictory statements.
The questioner : No, he... let us go back.
The Shaykh : From the very beginning, when he married her, did he know?
The questioner : I mean, truly, truly, the truth is that he did not know anything. But as soon as he returned from the honeymoon, the family took the matter up with great anger and distress. He told them that he had known, just to calm them down, for the girl's sake.
The Shaykh : That she washes.
The questioner : He knew about it. But in reality, he did not know. Do you understand?
The Shaykh : What do you mean, brother? He knew and he did not know? I do not understand.
The questioner : He did not know anything, but when the honeymoon was over and they returned, they started talking about the matter. Her family was very angry.
The Shaykh : Yes, yes. I care about the fact that he did not know at first, and then...
The questioner : So, I do not know. When he saw that his family was very angry, he told them, "I knew," just to silence them regarding her. Does this conflict with the complaint?
The Shaykh : No, it does not conflict with the fatwa from the legal perspective, but here the court may intervene in the matter.
The questioner : How do I feel about it?
The Shaykh : I mean, perhaps he will ultimately adopt the opinion he last stated, which was to appease his family. But from the legal perspective, nothing is entailed as long as he knows that she has the defect.
The questioner : It was a mistake, but do you see that the court considers it a mistake because of his family?
The Shaykh: I mean, if the matter is taken to the court, the court might rely on his second statement.
The questioner : I only said it for the sake of my family. Yes.
The Shaykh: It won't be in his favor, but that's how it is.
The questioner : A young man, my lord. Welcome.
Source
سلسلة الهدى والنور، المجلس 1221 — d3watuna.com (24:50)
The Arabic text is a machine transcription of the audio recording.
