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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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If a man divorces his wife during a period of purity in which he had intercourse with her, and he did not seek a ruling until the waiting period had ended, what is the ruling?

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Question : The questioner says: I read a fatwa from you and from the Honorable Shaykh Ibn Baz (may Allah have mercy on him), which states that if a man divorces his wife during a period of purity in which he had intercourse with her, this divorce is not effective. However, if this man seeks a ruling after the waiting period has ended by several months, what is the ruling? May Allah reward you with good.

Answer : Yes, we do not issue a ruling that it is not effective if the waiting period has already ended. We do not say that this is not effective; rather, we say it is effective and has passed, because the man effected it under the belief that it was effective. Also, if this man’s wife were to marry after the waiting period ended, he would not say to the husband, "So-and-so, you married my wife"; he would not say that. And if we were to open this door, every person would find ways to circumvent the law. For example, if he divorces his wife three times, he goes away. Then he comes to us, for instance, and says, "I divorced my wife the first time twenty years ago during a period of purity in which I had intercourse with her." Why? In the name of Allah, the Most Gracious, the Most Merciful. It should be annulled. Then another comes and says, "I divorced my wife during menstruation ten years ago," wanting to annul the second divorce, while he has now pronounced the third. He comes to us regarding the third and says, "Issue a ruling for me; since the first and second divorces did not take place, this is the first divorce." Yet they also tell us, "And yet, I divorced her in extreme anger." So that we do not stand and say, "In the safety of Allah, your wife is not [divorced]," or that this is mere manipulation. Yes, if a person divorces during a period of purity in which he had intercourse and comes to us saying he divorced his wife during a period of purity in which he had intercourse, thinking there is no harm in it, we tell him the divorce is not effective and the wife is still his wife. The same is said regarding the issue of divorce during menstruation,
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 111 - 190 إذا طلق الرجل زوجته في طهر جامعها فيه ولم يستفت حتى انتهت العدة فما الحكم؟ ابن عثيمين — youtube.com

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

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