Is the divorce of a menstruating woman valid, is a divorce without witnesses valid, and is a divorce during the period of purity in which he had intercourse with her valid?
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The questioner: Professor, regarding the bid'ah divorce, we have the divorce of a menstruating woman.
The Shaykh: Yes.
The questioner: The divorce during the period of purity in which he had intercourse with her, and the divorce without witnesses, in order to save time because of the other questions, so regarding the divorce of a menstruating woman, you answered me that it takes effect, ... and regarding the divorce without witnesses, does it take effect? As for the divorce during the period of purity in which he had intercourse with her, does it take effect?
The Shaykh: Without witnesses, we do not consider it to take effect.
The questioner : It does not take place.
The questioner: And the divorce during the period of purity in which he had intercourse with her?
The Shaykh: This is attached to menstruation; it takes effect, but he is sinful.
The questioner: Okay; why the difference?
The Shaykh: Because there is evidence for us here.
The questioner : And what is it?
The Shaykh: Regarding the divorce of a menstruating woman, we have evidence that when 'Abd Allah ibn 'Umar divorced his wife while she was menstruating, the Messenger (peace be upon him) considered his divorce effective and valid, and had it not been for that, we would have considered the divorce of a menstruating woman ineffective. So, the coming of the correct, explicit text of the Messenger (peace be upon him) executing the divorce of a menstruating woman, we executed it. It is not so regarding the divorce without witnesses; it is established from the Sunnah that witnessing is required in divorce, and there is nothing indicating the validity of a divorce without witnesses; therefore, we distinguished between the two divorces.
Another questioner : ... .
The Shaykh: Yes.
The questioner: ... The divorce of a menstruating woman takes effect in two things.
The Shaykh: Go ahead.
The questioner: The first: that the Prophet (peace and blessings be upon him) sent her back and did not consider it a thing, so the disagreement is over this addition.
The Shaykh: Yes.
The questioner: Among the hadith scholars, this is not an addition, but the one who ... is more likely that the Prophet (peace and blessings be upon him) ...
The Shaykh: No, before you bring up the second thing, this first matter that you considered first, meaning you did not count it, so that we can proceed, we do not respond to it?
The questioner: No, there is none; because you know that there is a disagreement among the hadith scholars regarding the validity of this addition, perhaps al-Shawkani who preferred it.
The Shaykh: Then why did you consider it first? It is nothing.
The questioner : There is nothing wrong with it.
The Shaykh : There is nothing wrong with it.
Another questioner: First ... .
The Shaykh: Then now you say first.
The questioner: First, okay, then there remains only one thing.
Eid Abbasi: His statement that there is a disagreement, meaning it is not considered, is this a rule?
The questioner : Yes?
Eid Abbasi: Meaning that there is a disagreement between ...
The Shaykh: That is a second research, save your question, ask it later.
Yes.
The questioner: The last is that they argue against us with his statement (peace and blessings be upon him):Bulugh al-Maram 8:120 to the end, until he said: , so why did he say: , since the first divorce took effect? This is the thing that I did not mean to refute when they argued against us.
The Shaykh: This is all, Professor, possible to look into and research what the secret is in his saying a second time:, if it is not established for us by the correct, explicit text that the Messenger (peace and blessings be upon him) counted the divorce of Ibn 'Umar from his wife during Hajj, but since the same divorcer was asked.
The questioner : Yes.
The Shaykh: Did the Messenger (peace be upon him) count it, or was it counted against you? He answered in the affirmative, yes, so after this explicit statement, there is no need to say: Why did the Messenger say:, a second time?
The questioner: Meaning the hint increased afterwards.
The Shaykh: Yes, ... perhaps it is possible that the man wanted to divorce her with a legal divorce of three, so he said to him: meaning the second divorce, so this is easy, but there is no need for a person to think about such a thing after the explicit text has come that the divorcer - who is Ibn 'Umar himself - was asked by some of the Tabi'un: Was it counted against you? He said: Yes, one divorce was counted against me.
The questioner: ... Professor.
The Shaykh : Yes?
The questioner: The first one, my Shaykh? The first one or the second one?
The Shaykh: No, the first one; there is only one divorce here, meaning.
The Shaykh: Yes.
The questioner: The divorce during the period of purity in which he had intercourse with her, and the divorce without witnesses, in order to save time because of the other questions, so regarding the divorce of a menstruating woman, you answered me that it takes effect, ... and regarding the divorce without witnesses, does it take effect? As for the divorce during the period of purity in which he had intercourse with her, does it take effect?
The Shaykh: Without witnesses, we do not consider it to take effect.
The questioner : It does not take place.
The questioner: And the divorce during the period of purity in which he had intercourse with her?
The Shaykh: This is attached to menstruation; it takes effect, but he is sinful.
The questioner: Okay; why the difference?
The Shaykh: Because there is evidence for us here.
The questioner : And what is it?
The Shaykh: Regarding the divorce of a menstruating woman, we have evidence that when 'Abd Allah ibn 'Umar divorced his wife while she was menstruating, the Messenger (peace be upon him) considered his divorce effective and valid, and had it not been for that, we would have considered the divorce of a menstruating woman ineffective. So, the coming of the correct, explicit text of the Messenger (peace be upon him) executing the divorce of a menstruating woman, we executed it. It is not so regarding the divorce without witnesses; it is established from the Sunnah that witnessing is required in divorce, and there is nothing indicating the validity of a divorce without witnesses; therefore, we distinguished between the two divorces.
Another questioner : ... .
The Shaykh: Yes.
The questioner: ... The divorce of a menstruating woman takes effect in two things.
The Shaykh: Go ahead.
The questioner: The first: that the Prophet (peace and blessings be upon him) sent her back and did not consider it a thing, so the disagreement is over this addition.
The Shaykh: Yes.
The questioner: Among the hadith scholars, this is not an addition, but the one who ... is more likely that the Prophet (peace and blessings be upon him) ...
The Shaykh: No, before you bring up the second thing, this first matter that you considered first, meaning you did not count it, so that we can proceed, we do not respond to it?
The questioner: No, there is none; because you know that there is a disagreement among the hadith scholars regarding the validity of this addition, perhaps al-Shawkani who preferred it.
The Shaykh: Then why did you consider it first? It is nothing.
The questioner : There is nothing wrong with it.
The Shaykh : There is nothing wrong with it.
Another questioner: First ... .
The Shaykh: Then now you say first.
The questioner: First, okay, then there remains only one thing.
Eid Abbasi: His statement that there is a disagreement, meaning it is not considered, is this a rule?
The questioner : Yes?
Eid Abbasi: Meaning that there is a disagreement between ...
The Shaykh: That is a second research, save your question, ask it later.
Yes.
The questioner: The last is that they argue against us with his statement (peace and blessings be upon him):
Command him to take her back and keep
مُرْه فليراجعها ، ثم ليُمسكThen let him divorce
ثم ليطلِّقThen let him divorce
ثم ليطلقThe Shaykh: This is all, Professor, possible to look into and research what the secret is in his saying a second time:
Then he divorced her
ثم طلقهاThe questioner : Yes.
The Shaykh: Did the Messenger (peace be upon him) count it, or was it counted against you? He answered in the affirmative, yes, so after this explicit statement, there is no need to say: Why did the Messenger say:
Then he held her
ثم أمسكهاThen he divorced her
ثم طلقهاThe questioner: Meaning the hint increased afterwards.
The Shaykh: Yes, ... perhaps it is possible that the man wanted to divorce her with a legal divorce of three, so he said to him:
Then he divorced her
ثم طلقهاThe questioner: ... Professor.
The Shaykh : Yes?
The questioner: The first one, my Shaykh? The first one or the second one?
The Shaykh: No, the first one; there is only one divorce here, meaning.
Source
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