Ways of Exiting Marriage and the Conditions of Divorce.

The Shaykh : As for exiting the marriage, there must be conditions. There must be conditions. A person exits the marriage either by divorce, or by annulment, or by death. Correct? Answer, everyone. Either by divorce, or by annulment, or by death. By divorce: the man divorces his wife and it is over. Or by annulment: the woman stipulated a condition with her husband and he did not fulfill it, so she has the right to annul. Or the man finds a defect in his wife that he was unaware of, so he has the right to annul. Or the man separates from his wife in exchange for compensation; this is annulment. Does anyone separate from his wife in exchange for compensation? Answer. Yes. The relationship between them is not good, and she asks for divorce, and he says: I will not divorce you except for such and such. So she or her guardian pays it. This is annulment. It does not reduce the number of divorces, nor is it counted as a divorce. Rather, it is annulment and a ransom payment. For this reason, Allah the Mighty and Majestic said: . Then He said: the third. Ibn Abbas said: Then, regarding divorce, does a person divorce whenever he wants, or are there limits? Answer, everyone. There must be limits:
First: a woman must not be divorced after consummation while she is menstruating. Do not divorce her while she is menstruating; wait. The evidence for this is the saying of Allah the Exalted: The Prophet (peace and blessings be upon him) explained this by saying that she should be divorced while pure, without sexual intercourse. This is in the story of Abdullah ibn Umar (may Allah be pleased with them both), for Abdullah ibn Umar (may Allah be pleased with them both) divorced his wife while she was menstruating. Umar informed the Prophet (peace and blessings be upon him) of this, and he was angered by it. Meaning: he was angry. Why divorce her while she is menstruating? Then he said to Umar: . So divorce during menstruation is reprehensible, forbidden, and a transgression of the limits of Allah. But if a person is a fool, a fool, and divorces during menstrutation, does it take effect or not? Yes? Does it take effect or not? Does it take effect or not? It does not take effect. Yes, that is it. One person says: it does not take effect, and the majority say: it takes effect. And so the scholars—the scholars of the Ummah—the majority of scholars, including the four schools of jurisprudence, say: if he divorces during menstruation, it takes effect, it takes effect. And the Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) made it clearer that divorce during menstruation does not take effect. He defended this opinion and argued for it with what is acceptable and what is not acceptable. So know, O brothers, that a man divorcing his wife during menstruation is not a trivial matter. Meaning: if you divorce her during menstruation and we say: it does not take effect. And the majority of scholars are of the opinion that it takes effect. Then if he takes her back without considering this divorce, he would have intercourse with her as unlawful sexual intercourse. Look, the majority of scholars say this. Now, unfortunately, people have become lax in this matter. One person just divorces her while she is menstruating and it does not matter to him. This is wrong, a great error.