Ruling on the occurrence of divorce when a man says to his wife: If you do not abort what is in your womb, you are divorced
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The questioner: A question came to me from a brother in Egypt: he divorced his wife, saying to her: If you do not abort what is in your womb, you are divorced. She was three to four months pregnant. Does the divorce take effect or not?The Shaykh: First, we say to this husband: he made a mistake in wanting his wife to abort her pregnancy, and he has no right to force her to do so. Then, if the pregnancy has reached this duration of three or four months, it is not permissible to abort it except for a confirmed harm.
And let him know that aborting the fetus, if it is after the soul has been breathed into it, is not permissible under any circumstances; because the soul has been breathed into it, and aborting it leads to its killing and destruction.Even if it is said: If the mother does not have this pregnancy aborted, she will die,We say: and she will die; because if she dies, she dies by the action of whom? By the action of Allah. But if we abort the fetus and kill it, and it dies in that, then it died by our action. And it is well known that it is not permissible to kill a person to save another person.
The second state: Before the soul is breathed into it, there is no doubt that it differs according to the development of the fetus. It is first a drop of semen, which is the lightest. Then, when it becomes a clot, aborting it becomes more severe. Then, when it becomes a lump of flesh, aborting it becomes more severe.
This is the ruling on aborting the fetus.
So we say to this husband: You made a mistake with this action of forcing your wife to abort the fetus. And we say to the wife: It is not upon you to abort the pregnancy, but rather you have the right to disobey this husband.
And if she does not abort it, does the divorce take effect on her or not? This returns to the husband's intention. If his intention with this statement was to prevent her and to emphasize preventing her from keeping the pregnancy in her womb, then she is not divorced. But if his intention was divorce, then she is divorced.
The questioner: Knowing that this is her third divorce.
The Shaykh: Whether it is the third, the second, or the first, the ruling is the same. If he is intending divorce, she is divorced.
And let him know that aborting the fetus, if it is after the soul has been breathed into it, is not permissible under any circumstances; because the soul has been breathed into it, and aborting it leads to its killing and destruction.Even if it is said: If the mother does not have this pregnancy aborted, she will die,We say: and she will die; because if she dies, she dies by the action of whom? By the action of Allah. But if we abort the fetus and kill it, and it dies in that, then it died by our action. And it is well known that it is not permissible to kill a person to save another person.
The second state: Before the soul is breathed into it, there is no doubt that it differs according to the development of the fetus. It is first a drop of semen, which is the lightest. Then, when it becomes a clot, aborting it becomes more severe. Then, when it becomes a lump of flesh, aborting it becomes more severe.
This is the ruling on aborting the fetus.
So we say to this husband: You made a mistake with this action of forcing your wife to abort the fetus. And we say to the wife: It is not upon you to abort the pregnancy, but rather you have the right to disobey this husband.
And if she does not abort it, does the divorce take effect on her or not? This returns to the husband's intention. If his intention with this statement was to prevent her and to emphasize preventing her from keeping the pregnancy in her womb, then she is not divorced. But if his intention was divorce, then she is divorced.
The questioner: Knowing that this is her third divorce.
The Shaykh: Whether it is the third, the second, or the first, the ruling is the same. If he is intending divorce, she is divorced.