Does divorce take effect outside the waiting period?
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The Shaykh : It remains to be said: If a man divorces his wife outside the waiting period, does the divorce take effect? For example, if he divorces her while she is menstruating or during a period of purity in which he had intercourse with her, does the divorce in this case take effect and is valid, despite the prohibition? Or does it not take effect and is not valid?
There is scholarly disagreement on this matter, and the majority of scholars hold that this divorce takes effect, despite the prohibition.
So if he divorces her while she is menstruating, it is counted against him, but he is ordered to take her back until he divorces her during a period of purity in which he did not have intercourse with her, because this is the divorce for the waiting period.
And how many there are now who divorce outside the waiting period, either out of ignorance, or because they divorce when they are in the slightest anger, and they do not ask about their wives whether they are in a state suitable for divorce or not?
So if he divorces and Satan makes him regret it, he goes to the doors of the scholars asking, saying he divorced his wife while she was menstruating, or that he divorced her during a period of purity in which he had intercourse with her, and the like of things that cause confusion for these men, and also for the scholars.
So let a man beware of divorcing his wife while she is menstruating, or of divorcing her during a period of purity in which he had intercourse with her, unless it becomes clear that she is pregnant after the intercourse, in which case he may divorce her.
There is scholarly disagreement on this matter, and the majority of scholars hold that this divorce takes effect, despite the prohibition.
So if he divorces her while she is menstruating, it is counted against him, but he is ordered to take her back until he divorces her during a period of purity in which he did not have intercourse with her, because this is the divorce for the waiting period.
And how many there are now who divorce outside the waiting period, either out of ignorance, or because they divorce when they are in the slightest anger, and they do not ask about their wives whether they are in a state suitable for divorce or not?
So if he divorces and Satan makes him regret it, he goes to the doors of the scholars asking, saying he divorced his wife while she was menstruating, or that he divorced her during a period of purity in which he had intercourse with her, and the like of things that cause confusion for these men, and also for the scholars.
So let a man beware of divorcing his wife while she is menstruating, or of divorcing her during a period of purity in which he had intercourse with her, unless it becomes clear that she is pregnant after the intercourse, in which case he may divorce her.