Rulings on a man’s conduct with his wife.
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The Shaykh : Now, marriage also entails: rulings on a man’s conduct with his wife. If a man has intercourse with his wife without ejaculation, do they have to perform the full ritual bath or not? They must perform the full ritual bath. Many people—especially young men—think that the full ritual bath is not required for intercourse unless there is ejaculation. So a man may be with his wife for several months, or even several years, without performing the full ritual bath after intercourse if he did not ejaculate. This is a serious error. If a man has intercourse with his wife, he must perform the full ritual bath, whether he ejaculates or not. And if he ejaculates without intercourse, he must perform the full ritual bath. That is, if a man kisses his wife and ejaculates, he must perform the full ritual bath. Now, if he has intercourse and ejaculates? It is even more obligatory for him to perform the full ritual bath. Therefore, I ask you to spread this among the people: that if a man has intercourse with his wife and does not ejaculate, he and she must perform the full ritual bath. And if he ejaculates from touching, he must perform the full ritual bath. As for her, if she ejaculates like him, she must perform the full ritual bath; otherwise, she does not.
Marriage also entails: that a person does not exit, does not exit from marriage except under certain conditions. What are the conditions? The conditions are: if he has had intercourse with the woman or been alone with her, he cannot divorce her except when she is in a state of purity or pregnant. Also, she must be in a state of purity in which he has not had intercourse with her, or be pregnant. —Pay attention to this issue— That is, if a man wants to divorce his wife while she is menstruating. Is it permissible to divorce her while she is menstruating? It is forbidden; it is not permissible. Now, is it permissible to divorce her if he has had intercourse with her during this period of purity? No, it is not permissible. He must wait until she becomes pure from menstruation and then divorce her, or if he had intercourse with her during the period of purity, he must wait until she menstruates and becomes pure, or until her pregnancy is confirmed, unless the woman is one who observes the waiting period by months. Such a woman can be divorced whenever he wishes. Who is the one who observes the waiting period by months? It is the young girl who has not yet started menstruating, and the old woman who has stopped menstruating. These two women have a waiting period of three months, because they do not have menstruation. So he can divorce them whenever he wishes, even if he had intercourse with his wife while she was not menstruating and then divorced her before performing the full ritual bath, he owes nothing. That is to say, the divorce is lawful and effective, because this woman’s waiting period is by what? By months. Likewise, a pregnant woman is subject to divorce, contrary to what some people know. They say: a pregnant woman is not subject to divorce. This is incorrect. A pregnant woman is subject to divorce, based on the saying of Allah the Exalted:[At-Talaq 65:1] up to His saying: [At-Talaq 65:4]. So a pregnant woman is subject to divorce, but her waiting period is the delivery of the child. Now, suppose he divorced her now, meaning right now, and she gave birth after half an hour. Did the waiting period end or not? The waiting period ended. Just as if a woman’s husband died while she was pregnant, and then she gave birth before the man was washed, did her waiting period end or not? Her waiting period ended. This is a strange issue; someone might give you a riddle about it. He says: A woman was permitted to remarry after her husband’s death before he was buried. Is this possible or not? It is possible. The husband died while she was being divorced. And five minutes after his death, she gave birth. Then another man married her before her first husband was buried. Is this permissible or not? It is permissible, because the waiting period had ended. Allah the Exalted said: [At-Talaq 65:4]. Now, if a woman’s husband died and the child remained in her womb for two years. When does her waiting period end? She remains until she gives birth; she remains until she gives birth, even if it exceeds one or two years, she remains until she gives birth. And she also remains in the state of a widow in mourning. She must avoid what a widow in mourning must avoid.
Marriage also entails: that a person does not exit, does not exit from marriage except under certain conditions. What are the conditions? The conditions are: if he has had intercourse with the woman or been alone with her, he cannot divorce her except when she is in a state of purity or pregnant. Also, she must be in a state of purity in which he has not had intercourse with her, or be pregnant. —Pay attention to this issue— That is, if a man wants to divorce his wife while she is menstruating. Is it permissible to divorce her while she is menstruating? It is forbidden; it is not permissible. Now, is it permissible to divorce her if he has had intercourse with her during this period of purity? No, it is not permissible. He must wait until she becomes pure from menstruation and then divorce her, or if he had intercourse with her during the period of purity, he must wait until she menstruates and becomes pure, or until her pregnancy is confirmed, unless the woman is one who observes the waiting period by months. Such a woman can be divorced whenever he wishes. Who is the one who observes the waiting period by months? It is the young girl who has not yet started menstruating, and the old woman who has stopped menstruating. These two women have a waiting period of three months, because they do not have menstruation. So he can divorce them whenever he wishes, even if he had intercourse with his wife while she was not menstruating and then divorced her before performing the full ritual bath, he owes nothing. That is to say, the divorce is lawful and effective, because this woman’s waiting period is by what? By months. Likewise, a pregnant woman is subject to divorce, contrary to what some people know. They say: a pregnant woman is not subject to divorce. This is incorrect. A pregnant woman is subject to divorce, based on the saying of Allah the Exalted:
