Discussion on divorce and the interpretation of the saying of Allah the Exalted: "O Prophet, when you divorce women..."
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The Shaykh : So we begin by mentioning divorce.
Allah Mighty and Majestic says:[At-Talaq 65:1], and I hope, my brothers, that you pay attention, especially those of you who are students of knowledge.
In the case of divorce, the address is directed to the Prophet[At-Talaq 65:1], so the address is directed to the Prophet (peace and blessings be upon him) by the call, and then to the community in general by the action.
What is the call?, and the action? , He did not say "when you divorce," He said: , in marriage [Al-Ahzab 33:49], and He did not say "O Prophet, when you marry and then divorce them," which indicates that the issue of divorce is very important, whereas people are keen on marriage, its conditions, and adhering to its limits, for a person cannot enter into a relationship with a woman except after carrying out the limits of the Shari'ah, but people do not pay attention to divorce, for this reason Allah (Glorified and Exalted is He) took care of it, so He called His Prophet first, and then addressed the rest of the community second.
So what is divorce? Divorce is the separation from the wife by what? By words not specified by the Shari'ah, but rather specified by custom, so whatever is established by custom as divorce among the words is divorce, because Allah did not specify it, just as the form of a sale is achieved by any customary form, so divorce is achieved by any customary form, and we mentioned a criterion which we recited in a verse of poetry, who remembers the verse? Please.
The student: ... .
The Shaykh : No, no, it passed us recently, my brothers.
The student : And whatever comes...
The Shaykh :"And whatever comes and is not specified *** by the Shari'ah like a safeguard, specify it by custom.
And whatever comes and is not specified *** by the Shari'ah like a safeguard, specify it by custom".
So divorce came without being specified, Allah and His Messenger did not specify divorce with a specific word, but He said:, meaning if what is called divorce occurs from you in any form that people are accustomed to, for example, among most people in this country, they consider "takhliyah" (releasing) to be explicit in divorce, and what does "takhliyah" mean? He says: "I release you," or "Go, you are released," they consider "I release you" like the word "I divorce you," or "Go, you are divorced," for this reason we say: divorce is the separation from the wife by words, what? Specified by the Shari'ah or by custom? By custom, and custom and the Shari'ah may agree. So divorce is a word agreed upon by the Shari'ah and custom that it is the separation from the wife.
But Allah Mighty and Majestic says:[At-Talaq 65:1] ... pay attention to the lesson ...
He says:.
Allah Mighty and Majestic says:
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period
يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّIn the case of divorce, the address is directed to the Prophet
O Prophet, when you [Muslims]
يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُWhat is the call?
O Prophet
يا أيها النبيwhen you divorce
إذا طلقتمwhen you divorce
إذا طلقتمO You who have believed, when you marry believing women and then divorce them
يا أيها الذين آمنوا إذا نكحتم المؤمنات ثم طلقتموهنSo what is divorce? Divorce is the separation from the wife by what? By words not specified by the Shari'ah, but rather specified by custom, so whatever is established by custom as divorce among the words is divorce, because Allah did not specify it, just as the form of a sale is achieved by any customary form, so divorce is achieved by any customary form, and we mentioned a criterion which we recited in a verse of poetry, who remembers the verse? Please.
The student: ... .
The Shaykh : No, no, it passed us recently, my brothers.
The student : And whatever comes...
The Shaykh :"And whatever comes and is not specified *** by the Shari'ah like a safeguard, specify it by custom.
And whatever comes and is not specified *** by the Shari'ah like a safeguard, specify it by custom".
So divorce came without being specified, Allah and His Messenger did not specify divorce with a specific word, but He said:
when you divorce
إذا طلقتمBut Allah Mighty and Majestic says:
when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period
إذا طلقتم النساء فطلقوهن لعدتهنHe says:
