The Meaning of the Saying of Allah the Exalted: "Then divorce them during their waiting periods," and the Explanation of Divorce During the Waiting Period and Outside of It, with Examples
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The Shaykh : So what is the waiting period? And what is divorce during the waiting period? It is to divorce her while she is pregnant or in a state of purity without having had intercourse.
I will repeat it a second time.
To divorce her while she is pregnant or in a state of purity without having had intercourse.
To divorce her while she is pregnant, even if he had intercourse with her? Yes, even if he had intercourse with her. This means it is permissible for a man to divorce his wife while she is pregnant, even if he had recently had intercourse with her, and even if he did not perform the full ritual bath from the major ritual impurity resulting from it. This is contrary to what the common people understand, namely that divorce does not take effect on a pregnant woman. The question about this issue is frequent: If he divorces his wife while she is pregnant, is she divorced? Many common people say: She is not divorced. This is a mistake. If he divorces his wife while she is pregnant, she is divorced in every case. We do not need to ask him whether he had intercourse with her or not; she is divorced in every case.
What is the second condition? Or in a state of purity without having had intercourse. So, if he divorces her while she is menstruating, he has not divorced her for the waiting period. And if he divorces her while she is not menstruating, but he had intercourse with her during this period of purity, he has not divorced her for the waiting period.
If a man comes to seek your legal ruling and says that he divorced his wife while she was menstruating, has he divorced her for the waiting period or not?
The student: No, not for the waiting period.
The Shaykh : Not for the waiting period. And what is obligatory for him?
The student: He was required to wait until she became pure.
The Shaykh : But what is obligatory for him now, since he has divorced her? He divorced her during menstruation?
He must revoke the divorce. Because when the Prophet (peace and blessings be upon him) was informed by 'Umar that 'Abd Allah ibn 'Umar had divorced his wife while she was menstruating, the Messenger of Allah (peace and blessings be upon him) was angry with him and said:Jami` at-Tirmidhi 1176Sahih (Darussalam), and in another wording: Musannaf Abd al-Razzaq 17:38.
So we say to the one who divorced during menstruation: Take back your wife and wait until she becomes pure. Then, if you wish, divorce her. And if you wait until she menstruates again and then divorce her after the second menstruation, that is better and more appropriate.
And if a man comes and divorces his wife after he had intercourse with her, and she has not menstruated since the intercourse, what do you say, my brother? You? ...The question is for you? ...
The student: He had intercourse with her, so the divorce does not take effect.
The Shaykh : I did not ask ... Did he divorce for the waiting period or not? He did not divorce for the waiting period, because he divorced her in a state of purity after intercourse. Rest.
A man divorced his wife while she was in a state of purity, but he had intercourse with her during this period of purity. Is his divorce for the waiting period or not?
Not for the waiting period. That is all. Rest.
So, a man's divorce of his wife while she is menstruating is a forbidden divorce, because it is a disobedience to Allah (Mighty and Majestic).
Divorcing his wife while she is in a state of purity in which he had intercourse with her, what is it? It is forbidden and a disobedience to Allah (Mighty and Majestic). For this reason, Allah the Exalted said:, meaning pregnant women or women in a state of purity without having had intercourse.
I will repeat it a second time.
To divorce her while she is pregnant or in a state of purity without having had intercourse.
To divorce her while she is pregnant, even if he had intercourse with her? Yes, even if he had intercourse with her. This means it is permissible for a man to divorce his wife while she is pregnant, even if he had recently had intercourse with her, and even if he did not perform the full ritual bath from the major ritual impurity resulting from it. This is contrary to what the common people understand, namely that divorce does not take effect on a pregnant woman. The question about this issue is frequent: If he divorces his wife while she is pregnant, is she divorced? Many common people say: She is not divorced. This is a mistake. If he divorces his wife while she is pregnant, she is divorced in every case. We do not need to ask him whether he had intercourse with her or not; she is divorced in every case.
What is the second condition? Or in a state of purity without having had intercourse. So, if he divorces her while she is menstruating, he has not divorced her for the waiting period. And if he divorces her while she is not menstruating, but he had intercourse with her during this period of purity, he has not divorced her for the waiting period.
If a man comes to seek your legal ruling and says that he divorced his wife while she was menstruating, has he divorced her for the waiting period or not?
The student: No, not for the waiting period.
The Shaykh : Not for the waiting period. And what is obligatory for him?
The student: He was required to wait until she became pure.
The Shaykh : But what is obligatory for him now, since he has divorced her? He divorced her during menstruation?
He must revoke the divorce. Because when the Prophet (peace and blessings be upon him) was informed by 'Umar that 'Abd Allah ibn 'Umar had divorced his wife while she was menstruating, the Messenger of Allah (peace and blessings be upon him) was angry with him and said:
Tell him to take her back, then let him divorce her while she is pure or pregnant.
مره فليراجعها ثم ليطلقها طاهرا أو حاملاTell him to take her back until she becomes pure, then she menstruates, then she becomes pure, then if he wishes, he may keep her, and if he wishes, he may divorce her. That is the waiting period for which Allah commanded that women be divorced.
فليراجعها حتى تطهر، ثم تحيض، ثم تطهر، ثم إن شاء أمسك بعد، وإن شاء طلق، فتلك العدة التي أمر الله أن تطلق لها النساءSo we say to the one who divorced during menstruation: Take back your wife and wait until she becomes pure. Then, if you wish, divorce her. And if you wait until she menstruates again and then divorce her after the second menstruation, that is better and more appropriate.
And if a man comes and divorces his wife after he had intercourse with her, and she has not menstruated since the intercourse, what do you say, my brother? You? ...The question is for you? ...
The student: He had intercourse with her, so the divorce does not take effect.
The Shaykh : I did not ask ... Did he divorce for the waiting period or not? He did not divorce for the waiting period, because he divorced her in a state of purity after intercourse. Rest.
A man divorced his wife while she was in a state of purity, but he had intercourse with her during this period of purity. Is his divorce for the waiting period or not?
Not for the waiting period. That is all. Rest.
So, a man's divorce of his wife while she is menstruating is a forbidden divorce, because it is a disobedience to Allah (Mighty and Majestic).
Divorcing his wife while she is in a state of purity in which he had intercourse with her, what is it? It is forbidden and a disobedience to Allah (Mighty and Majestic). For this reason, Allah the Exalted said: