Among the Rulings of Divorce
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And among what pertains to divorce is that it is not permissible for a man to divorce his wife except in three circumstances,And let us mention what is forbidden, and the rest is permissible: It is not permissible to divorce her during a period of purity in which he had intercourse with her, unless it is revealed that she is pregnant.
And it is not permissible to divorce her while she is menstruating, and the evidence for this is the saying of Allah, Blessed and Exalted is He: [Al-Talaq:1] up to His saying: [Al-Talaq:1] So what is the meaning of His saying: (Then divorce them during their waiting period) ? The Prophet (peace and blessings be upon him) explained that, and it is that he should divorce her during a period of purity in which he did not have intercourse with her. This is divorce for the waiting period. If he divorces her while she is menstruating before he has entered into marriage with her and been alone with her, it is permissible; because she has no waiting period at all,And Allah says: [Al-Talaq:1] and this woman has no waiting period.
And if he divorces her while she is a young girl after he has entered into marriage with her, and she does not menstruate.
Then this is permissible; because her waiting period is by months, so from the moment he divorces her, the waiting period begins,And Allah Mighty and Majestic says: ((Then divorce them during their waiting period)) [Al-Talaq:1] and the young woman who has not yet started menstruating, her waiting period is three months starting from the time of divorce,For this reason, Allah the Exalted said: [Al-Talaq:4] .
A man has a wife who has reached the age of menopause,Meaning: meaning that her menstruation has stopped, so he divorces her after intercourse.
Then this is permissible, O brothers; because from the moment he divorces her, she begins her waiting period, and her waiting period is not by menstruation but by months, and it has been prescribed for her from the time of divorce.
A man had intercourse with his wife while she was pregnant and divorced her after the intercourse, so this is permissible.
Because she begins her waiting period from the time of divorce, since her waiting period is from the separation until she delivers the child,And Allah Mighty and Majestic says: [Al-Talaq:1] But if he divorces her during menstruation, he has not divorced her for the waiting period; because this menstruation in which he divorced her is not counted from the three menstruations that constitute the waiting period.
And if he divorces her during a period of purity in which he had intercourse with her, he does not know whether she became pregnant from this intercourse, in which case her waiting period would be by delivering the child, or whether she did not become pregnant, in which case her waiting period would be by menstruation.
Therefore, if he divorces her during a period of purity in which he had intercourse with her, he has not divorced her for a known waiting period. It is not distinguished: if a pregnancy results from this intercourse, her waiting period is by the pregnancy; if no pregnancy results, her waiting period is by menstruation. So we are now in doubt, and he has not divorced her for a certain waiting period.
And the summary is: That divorce before entry and seclusion is permissible in all cases, whether she is menstruating or not, and divorce of a pregnant woman is permissible in all cases, and divorce of a woman in a state of purity in which he did not have intercourse with her is permissible, and divorce of a menstruating woman is forbidden, and divorce of a woman in a state of purity in which he had intercourse with her is forbidden, unless it becomes clear that she is pregnant, in which case he divorces her because she is then considered pregnant.
And it is not permissible to divorce her while she is menstruating, and the evidence for this is the saying of Allah, Blessed and Exalted is He:
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period, and fear Allah, your Lord. Do not turn them out of their [husbands'] houses
يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا الْعِدَّةَ وَاتَّقُوا اللَّهَ رَبَّكُمْ لا تُخْرِجُوهُنَّ مِنْ بُيُوتِهِنَّAnd those are the limits [set by] Allah. And whoever transgresses the limits of Allah has certainly wronged himself.
وَتِلْكَ حُدُودُ اللَّهِ وَمَنْ يَتَعَدَّ حُدُودَ اللَّهِ فَقَدْ ظَلَمَ نَفْسَهُdivorce them during their waiting periods
فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّAnd if he divorces her while she is a young girl after he has entered into marriage with her, and she does not menstruate.
Then this is permissible; because her waiting period is by months, so from the moment he divorces her, the waiting period begins,And Allah Mighty and Majestic says: ((Then divorce them during their waiting period)) [Al-Talaq:1] and the young woman who has not yet started menstruating, her waiting period is three months starting from the time of divorce,For this reason, Allah the Exalted said:
And those who no longer expect menstruation among your women - if you doubt, then their period is three months, and [also for] those who have not menstruated
وَاللَّائِي يَئِسْنَ مِنَ الْمَحِيضِ مِنْ نِسَائِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلاثَةُ أَشْهُرٍ وَاللَّائِي لَمْ يَحِضْنَA man has a wife who has reached the age of menopause,Meaning: meaning that her menstruation has stopped, so he divorces her after intercourse.
Then this is permissible, O brothers; because from the moment he divorces her, she begins her waiting period, and her waiting period is not by menstruation but by months, and it has been prescribed for her from the time of divorce.
A man had intercourse with his wife while she was pregnant and divorced her after the intercourse, so this is permissible.
Because she begins her waiting period from the time of divorce, since her waiting period is from the separation until she delivers the child,And Allah Mighty and Majestic says:
divorce them during their waiting periods
فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّAnd if he divorces her during a period of purity in which he had intercourse with her, he does not know whether she became pregnant from this intercourse, in which case her waiting period would be by delivering the child, or whether she did not become pregnant, in which case her waiting period would be by menstruation.
Therefore, if he divorces her during a period of purity in which he had intercourse with her, he has not divorced her for a known waiting period. It is not distinguished: if a pregnancy results from this intercourse, her waiting period is by the pregnancy; if no pregnancy results, her waiting period is by menstruation. So we are now in doubt, and he has not divorced her for a certain waiting period.
And the summary is: That divorce before entry and seclusion is permissible in all cases, whether she is menstruating or not, and divorce of a pregnant woman is permissible in all cases, and divorce of a woman in a state of purity in which he did not have intercourse with her is permissible, and divorce of a menstruating woman is forbidden, and divorce of a woman in a state of purity in which he had intercourse with her is forbidden, unless it becomes clear that she is pregnant, in which case he divorces her because she is then considered pregnant.