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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Divorce of a menstruating woman and Ibn al-Qayyim’s view on it

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Question:
He says: Honorable Shaykh, may Allah grant you success, Ibn al-Qayyim mentioned in his books *Zad al-Ma’ad* and *I’lam al-Muwaqqi’in* that the divorce of a menstruating woman does not take place. Is this statement correct?

Answer:
This is the view of Shaykh al-Islam. The divorce of a menstruating woman, the divorce of an angry man, and the divorce of one who swears an oath of divorce—none of these take place. For the one who swears an oath of divorce, he owes an expiation for the oath. As for the menstruating woman and the woman in post-natal bleeding, their divorce does not take place at all; its existence is like its non-existence. This is the view of Shaykh Taqi al-Din, and Ibn al-Qayyim clarified and explained it in *I’lam al-Muwaqqi’in*. However, the majority, as I told you, hold that the divorce takes place during menstruation, and the divorce takes place in the case of an oath; all of it takes place. Yes.
Source الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - ٠٧٥-كتاب الطلاق - ٣-٢-٢٥ هـ — archive.org (19:04)

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

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