Some of the Companions had a wife who pressed him for a divorce because she did not wish to remain with him, so she said to him: "Divorce me with one divorce."
Machine translationRead the Arabic original
The questioner: O our Shaykh, by the way, we studied a long time ago in the book *Kifayat al-Akhyar*, and the Shaykh 'Abd al-'Azim was explaining it. He mentioned in it a story from the time of the Companions about a man whose wife was pressing him for a divorce.
The Shaykh: What was it?
The questioner: His wife was pressing him for a divorce because she did not wish to remain with him.
The Shaykh : Yes.
The questioner: So she was pressing him, and among the things she said to him was: "Make me happy with one divorce." The point is that the woman was pregnant, and she knew that she was close to giving birth. So he said to her: "Okay, fine; you are divorced." According to what the Shaykh mentioned, he went to pray and then returned and found that she had given birth. At that point, she became free by herself. So here, do you consider this narration authentic? And if it is authentic, do you think it affects the conditions you mentioned regarding divorce?
The Shaykh: What is in my mind is that the story has a continuation, this one or another; the matter was brought to 'Umar ibn al-Khattab, and he annulled the divorce.
The questioner: It is not authentic, is it?
The Shaykh: Yes, that is first. Then, it is permissible for a divorce to occur now, as it happens, by the judgment of a judge or the fatwa of a mufti. It is permissible for a divorce that contradicts the Shari'ah to occur—for example, a divorce using the phrase of three divorces. Because the Messenger of Allah is not mentioned here in this story; so it is an incident related to the Companion. 'Umar ibn al-Khattab considered a divorce using the phrase of three to be three; this was his independent legal reasoning. This is different from the case where the hadith explicitly states it; in that case, there would be a problem regarding what we mentioned earlier. Did you understand me?
The questioner : Yes, yes.
The Shaykh: All right.
The Shaykh: What was it?
The questioner: His wife was pressing him for a divorce because she did not wish to remain with him.
The Shaykh : Yes.
The questioner: So she was pressing him, and among the things she said to him was: "Make me happy with one divorce." The point is that the woman was pregnant, and she knew that she was close to giving birth. So he said to her: "Okay, fine; you are divorced." According to what the Shaykh mentioned, he went to pray and then returned and found that she had given birth. At that point, she became free by herself. So here, do you consider this narration authentic? And if it is authentic, do you think it affects the conditions you mentioned regarding divorce?
The Shaykh: What is in my mind is that the story has a continuation, this one or another; the matter was brought to 'Umar ibn al-Khattab, and he annulled the divorce.
The questioner: It is not authentic, is it?
The Shaykh: Yes, that is first. Then, it is permissible for a divorce to occur now, as it happens, by the judgment of a judge or the fatwa of a mufti. It is permissible for a divorce that contradicts the Shari'ah to occur—for example, a divorce using the phrase of three divorces. Because the Messenger of Allah is not mentioned here in this story; so it is an incident related to the Companion. 'Umar ibn al-Khattab considered a divorce using the phrase of three to be three; this was his independent legal reasoning. This is different from the case where the hadith explicitly states it; in that case, there would be a problem regarding what we mentioned earlier. Did you understand me?
The questioner : Yes, yes.
The Shaykh: All right.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.