Ruling on the divorce of a pregnant woman in a state of anger
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A man forbade his wife from hitting the children, but she did it,So he said to her angrily: so he said, "You are divorced, divorced, divorced," and she was pregnant. Some people issued a fatwa to him that it was one divorce,And some said: while others said three,And another said: and that a pregnant woman cannot be divorced. What is your opinion?
Our saying: We are in an age where many people speak without knowledge. Therefore, a person must not rely on any fatwa except from a known and trustworthy person.So this one who said: A pregnant woman is not divorced by one who is ignorant with compound ignorance. Compound ignorance is worse than simple ignorance; because the one who is simply ignorant knows that he does not know, so he learns. But the one who is ignorant with compound ignorance thinks he is a scholar, so he speaks about what he does not know.So the one who said: A pregnant woman is not divorced.has contradicted the Qur'an because Allah the Exalted said: [Al-Talaq:1] Then He said in the same surah: [Al-Talaq:4] So, the pregnant woman is divorced by this text and by scholarly consensus (ijma'), and no one has differed on this. Even if her husband has intercourse with her at night and divorces her during the day, there is no harm.
So we say to the brother questioner: His wife was divorced, except if he was angry with severe anger such that he did not control himself; in that case, there is no divorce on him;By the saying of the Prophet (peace and blessings be upon him): (There is no divorce in a state of compulsion), because severe anger leads a person to say something he does not intend.If he was in a state of slight anger where he controlled himself, then he said: "You are divorced, divorced, divorced." The divorce is one, even according to the well-known position of the Hanbali school; because he did not repeat the sentence, he only repeated part of the sentence.The sentence is his saying: "You are divorced,But he said: divorced, divorced." He only repeated the predicate,The Hanbali jurists said: so she is divorced once, and he is not obligated to do more than one unless he intended it.If he intended by his saying: "Divorced, divorced, divorced." Each one is a divorce; so it becomes three. This is what the jurists (may Allah have mercy on them) held. But the correct view is that she is not divorced except once in any case.Even if he said: "You are divorced, you are divorced, you are divorced." It is one.or he said: "You are divorced three times." It is one.According to the statement of Ibn 'Abbas (may Allah be pleased with them both): [The triple divorce in the time of the Prophet (peace and blessings be upon him), Abu Bakr, and two years of the caliphate of 'Umar was considered one divorce. When it became common among the people, 'Umar (may Allah be pleased with him) said: "I see that the people have hastened in a matter in which they used to be patient. If we were to enforce it upon them," so he enforced it upon them. The stronger position in this issue is that she is not divorced by this except once only. And if he had not previously divorced her twice, he may take her back by witnessing two that he has taken back his wife and that she is in his custody.
Our saying: We are in an age where many people speak without knowledge. Therefore, a person must not rely on any fatwa except from a known and trustworthy person.So this one who said: A pregnant woman is not divorced by one who is ignorant with compound ignorance. Compound ignorance is worse than simple ignorance; because the one who is simply ignorant knows that he does not know, so he learns. But the one who is ignorant with compound ignorance thinks he is a scholar, so he speaks about what he does not know.So the one who said: A pregnant woman is not divorced.has contradicted the Qur'an because Allah the Exalted said:
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period
يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّAnd for those who are pregnant, their term is until they give birth
وَأُولاتُ الْأَحْمَالِ أَجَلُهُنَّ أَنْ يَضَعْنَ حَمْلَهُنَّSo we say to the brother questioner: His wife was divorced, except if he was angry with severe anger such that he did not control himself; in that case, there is no divorce on him;By the saying of the Prophet (peace and blessings be upon him): (There is no divorce in a state of compulsion), because severe anger leads a person to say something he does not intend.If he was in a state of slight anger where he controlled himself, then he said: "You are divorced, divorced, divorced." The divorce is one, even according to the well-known position of the Hanbali school; because he did not repeat the sentence, he only repeated part of the sentence.The sentence is his saying: "You are divorced,But he said: divorced, divorced." He only repeated the predicate,The Hanbali jurists said: so she is divorced once, and he is not obligated to do more than one unless he intended it.If he intended by his saying: "Divorced, divorced, divorced." Each one is a divorce; so it becomes three. This is what the jurists (may Allah have mercy on them) held. But the correct view is that she is not divorced except once in any case.Even if he said: "You are divorced, you are divorced, you are divorced." It is one.or he said: "You are divorced three times." It is one.According to the statement of Ibn 'Abbas (may Allah be pleased with them both): [The triple divorce in the time of the Prophet (peace and blessings be upon him), Abu Bakr, and two years of the caliphate of 'Umar was considered one divorce. When it became common among the people, 'Umar (may Allah be pleased with him) said: "I see that the people have hastened in a matter in which they used to be patient. If we were to enforce it upon them," so he enforced it upon them. The stronger position in this issue is that she is not divorced by this except once only. And if he had not previously divorced her twice, he may take her back by witnessing two that he has taken back his wife and that she is in his custody.