If the fetus is a drop of sperm, the woman is pregnant, and it is permissible to divorce her, and the divorce takes effect.
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The Shaykh : If the fetus is a drop of sperm, is the woman considered pregnant, and is it permissible to divorce her or not? It is permissible, and does the divorce take effect on her or not? It takes effect.
And what has become widespread among the common people, that a pregnant woman cannot be divorced, is invalid and contrary to the Book and the consensus of the Muslims.
So, the divorce takes effect on a pregnant woman.
And what is her waiting period? It is that she delivers the pregnancy. So, if he divorced her while she was pregnant and she delivered the pregnancy five minutes after his divorce, did her waiting period end or not?
Is her waiting period five minutes? Yes.
Because Allah says:[At-Talaq 65:4].
Just as if her husband died while she was pregnant and she delivered before the husband was buried, her waiting period ended and she became lawful for other husbands.
Can you imagine, is it possible for a woman to marry before her first husband is buried, is it possible?
The students: It is possible.
The Shaykh : How? He dies while she is pregnant, and she delivers five minutes after his death, and the official marriage officer is present, and the second husband is present, and he marries them, so this woman marries before her first husband is buried, is it possible.
All right, and perhaps she remains in her waiting period for four years, correct? Yes, because the pregnancy may be delayed in the womb and not come out, so she remains in the waiting period until she delivers the pregnancy, because Allah says:[At-Talaq 65:4], the matter is clear.
All right, so if a woman has two children, and she delivered the first and the second remained, does the waiting period end with the delivery of the first? No, because Allah says:[At-Talaq 65:4], and is a singular noun with a possessive suffix, so it includes the entire pregnancy, all the pregnancy that is in her womb.
If it is one, then one; if it is two, then two; if it is three, then three; if it is four?
The students: Then four.
The Shaykh : If it is five, then five.
The important thing is until she delivers this pregnancy.
All right, if she is pregnant, she generally does not menstruate, for this reason Imam Ahmad (may Allah have mercy on him) said: "Women are only known to be pregnant by the cessation of menstruation".
So, a pregnant woman generally does not menstruate, and I only said "generally" because sometimes she may menstruate, sometimes menstruation continues with the pregnant woman, especially in the first months, and her custom remains consistent as it was before the pregnancy, so here this blood that came from her is menstruation, because it did not differ.
And what has become widespread among the common people, that a pregnant woman cannot be divorced, is invalid and contrary to the Book and the consensus of the Muslims.
So, the divorce takes effect on a pregnant woman.
And what is her waiting period? It is that she delivers the pregnancy. So, if he divorced her while she was pregnant and she delivered the pregnancy five minutes after his divorce, did her waiting period end or not?
Is her waiting period five minutes? Yes.
Because Allah says:
And for those who are pregnant, their term is until they give birth
وأولات الأحمال أجلهن أن يضعن حملهنJust as if her husband died while she was pregnant and she delivered before the husband was buried, her waiting period ended and she became lawful for other husbands.
Can you imagine, is it possible for a woman to marry before her first husband is buried, is it possible?
The students: It is possible.
The Shaykh : How? He dies while she is pregnant, and she delivers five minutes after his death, and the official marriage officer is present, and the second husband is present, and he marries them, so this woman marries before her first husband is buried, is it possible.
All right, and perhaps she remains in her waiting period for four years, correct? Yes, because the pregnancy may be delayed in the womb and not come out, so she remains in the waiting period until she delivers the pregnancy, because Allah says:
And for those who are pregnant, their term is until they give birth
وأولات الأحمال أجلهن أن يضعهن حملهنAll right, so if a woman has two children, and she delivered the first and the second remained, does the waiting period end with the delivery of the first? No, because Allah says:
And for those who are pregnant, their term is until they give birth
وأولات الأحمال أجلهن أن يضعهن حملهنpregnancy
حملIf it is one, then one; if it is two, then two; if it is three, then three; if it is four?
The students: Then four.
The Shaykh : If it is five, then five.
The important thing is until she delivers this pregnancy.
All right, if she is pregnant, she generally does not menstruate, for this reason Imam Ahmad (may Allah have mercy on him) said: "Women are only known to be pregnant by the cessation of menstruation".
So, a pregnant woman generally does not menstruate, and I only said "generally" because sometimes she may menstruate, sometimes menstruation continues with the pregnant woman, especially in the first months, and her custom remains consistent as it was before the pregnancy, so here this blood that came from her is menstruation, because it did not differ.