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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Continuation of the discussion on the prescribed and prohibited forms of divorce.

Machine translationRead the Arabic original
The Shaykh : Even if he had intercourse with her an hour before. The second case in which divorce is permissible is when he divorces her in a period of purity in which he did not have intercourse with her. However, an exception is made for one who has not entered into sexual relations with her; he may divorce her even if she is menstruating, or if she is in a period of purity in which he had intercourse with her. Why do we say this? Because we stated that he has not entered into sexual relations with her. So, if he divorces his wife while she is menstruating, but he has not had intercourse with her, the divorce is effective, and she has no waiting period. This is based on the saying of Allah the Exalted:
O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نَكَحْتُمُ الْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا
[Al-Ahzab 33:49]
Therefore, if a man divorces his wife with whom he has not had intercourse, and he divorces her at twelve noon, and another man proposes to her at one o’clock and marries her, what is the ruling on the marriage? Correct. Yes, it is valid because she has no waiting period. The prohibited marriage is one during the waiting period, and she is not currently in a waiting period. Is that clear, everyone? So, it is permissible to contract a marriage with her, even if it is only five minutes or less after the first divorce. That is, if the scribe writes the first divorce and then contracts the second marriage at the same moment, is it permissible or not? It is permissible, because if a woman is divorced before consummation, she has no waiting period, and thus she becomes lawful for other husbands.
These are matters that a person must pay attention to and know, and he must not exit the marriage except according to the limits of the Shari'ah. For when Allah the Exalted mentioned divorce, He said:
And 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 نَفْسَهُ
[At-Talaq 65:1]
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I think after the adhan we will make it questions so that we can cover more time. So we will start with the questions now, and we ask Allah the Exalted to benefit us with what we have heard.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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