Discussion regarding divorce for the waiting period.
Machine translationRead the Arabic original
The Shaykh : So, what do we have now? What is divorce for the waiting period? Who will answer? Yes, not the one behind.
The student: In pregnancy, or in a period of purity in which he did not have intercourse with her.
The Shaykh : That he divorces her while she is pregnant, or in a period of purity in which he did not have intercourse with her. May Allah bless you.
And what is the waiting period of a woman divorced before consummation?
The student: She has no waiting period.
The Shaykh : Divorced before consummation? The question is directed to one person.
The student: She has no waiting period.
The Shaykh : She has no waiting period? Who said that?
The student: Allah, Glorified and Exalted is He.
The Shaykh : Allah, Mighty and Majestic, said it. Hearing and obeying. What is it? Where is the verse?
The student: Allah, Glorified and Exalted is He, said in Surat al-Ahzab:[Al-Ahzab 33:49].
The Shaykh : Well done. May Allah bless you. Is it clear?
He died leaving his wife before he consummated the marriage with her?
The student: Before he consummated?
The Shaykh : Yes.
The student: Four months and ten days.
The Shaykh : He died leaving his wife before he consummated the marriage with her, he did not see her and she did not see him? He is in the East and she is in the West?
The student: Four months and ten days.
The Shaykh : How can this brother say that if he divorces her, she has no waiting period?
The student: Divorce differs.
The Shaykh : Does divorce differ from death? Good. What is your evidence that if he dies before consummating, she has a waiting period?
The student: The evidence does not come to mind. Rest.
The Shaykh : The evidence for that is the generality of the saying of Allah the Exalted:[Al-Baqarah 2:234].
Here,[Al-Baqarah 2:234] is general, encompassing one who consummated with the wife and one who did not consummate with her. This is the evidence. And the Sunnah came in agreement with this explicitly in what the Prophet (peace and blessings be upon him) judged regarding Bara' bint Washiq, where a man married her and died before consummating, so the Prophet (peace and blessings be upon him) judged that she has the inheritance, she has the waiting period, and she has the mahr. She has the full mahr, she has the waiting period, and she has the inheritance.
All right, a man divorced a woman whose uterus was removed. How long is her waiting period?
The student: Three months.
The Shaykh : Why?
The student: Because she is one who has despaired of menstruation.
The Shaykh : Yes, because she has despaired of menstruation. What is the evidence?
The student: And those who have despaired of menstruation.
The Shaykh :[At-Talaq 65:4]. Complete it.
The student: So their waiting period is three months.
The Shaykh :[At-Talaq 65:4]. May Allah bless you.
So the issue is clear now. Do we need to add more examples?
Questions, all right.
[At-Talaq 65:2] This is the taking back (raj'ah), and perhaps we will postpone speaking about it, if Allah wills, to the next lesson, considering that I heard more than one voice saying: Questions, come on, my brother.
The student: In the name of Allah, the Most Merciful, the Bestower of Mercy.
The Shaykh : Raise your voice. Where is the engineer to fix it?
The student: In the name of Allah, the Most Merciful, the Bestower of Mercy. Praise be to Allah, Lord of the worlds, and blessings and peace upon the noblest of the prophets and messengers.
The Shaykh : O Allah, send blessings and peace upon the Messenger of Allah.
The student: And upon his family and all his Companions and the Tabi'un with excellence until the Day of Judgment, and upon us with them by Your mercy, O Most Merciful of the merciful.
The Shaykh : Is this from you or from the questioner? The supplication?
The student: From me, O Shaykh.
The Shaykh : Do not deceive.
The student: In pregnancy, or in a period of purity in which he did not have intercourse with her.
The Shaykh : That he divorces her while she is pregnant, or in a period of purity in which he did not have intercourse with her. May Allah bless you.
And what is the waiting period of a woman divorced before consummation?
The student: She has no waiting period.
The Shaykh : Divorced before consummation? The question is directed to one person.
The student: She has no waiting period.
The Shaykh : She has no waiting period? Who said that?
The student: Allah, Glorified and Exalted is He.
The Shaykh : Allah, Mighty and Majestic, said it. Hearing and obeying. What is it? Where is the verse?
The student: Allah, Glorified and Exalted is He, said in Surat al-Ahzab:
O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them
يا أيها الذين آمنوا إذا نكحتم المؤمنات ثم طلقتموهن من قبل أن تمسوهن فما لكم عليهن من عدة تعتدونهاThe Shaykh : Well done. May Allah bless you. Is it clear?
He died leaving his wife before he consummated the marriage with her?
The student: Before he consummated?
The Shaykh : Yes.
The student: Four months and ten days.
The Shaykh : He died leaving his wife before he consummated the marriage with her, he did not see her and she did not see him? He is in the East and she is in the West?
The student: Four months and ten days.
The Shaykh : How can this brother say that if he divorces her, she has no waiting period?
The student: Divorce differs.
The Shaykh : Does divorce differ from death? Good. What is your evidence that if he dies before consummating, she has a waiting period?
The student: The evidence does not come to mind. Rest.
The Shaykh : The evidence for that is the generality of the saying of Allah the Exalted:
And those who are taken in death among you and leave wives behind - they, [the wives, shall] wait four months and ten [days]
والذين يتوفون منكم ويذرون أزواجا يتربصن بأنفسهن أربعة أشهر وعشراHere,
those who are taken in death among you
الذين يتوفون منكمAll right, a man divorced a woman whose uterus was removed. How long is her waiting period?
The student: Three months.
The Shaykh : Why?
The student: Because she is one who has despaired of menstruation.
The Shaykh : Yes, because she has despaired of menstruation. What is the evidence?
The student: And those who have despaired of menstruation.
The Shaykh :
And those who no longer expect menstruation
واللائي يئسن من المحيضThe student: So their waiting period is three months.
The Shaykh :
among your women - if you doubt, then their period is three months
من نسائكم إن ارتبتم فعدتهن ثلاثة أشهرSo the issue is clear now. Do we need to add more examples?
Questions, all right.
And when they have [nearly] fulfilled their term, either retain them according to acceptable terms
فإذا بلغن أجلهن فأمسكوهن بمعروفThe student: In the name of Allah, the Most Merciful, the Bestower of Mercy.
The Shaykh : Raise your voice. Where is the engineer to fix it?
The student: In the name of Allah, the Most Merciful, the Bestower of Mercy. Praise be to Allah, Lord of the worlds, and blessings and peace upon the noblest of the prophets and messengers.
The Shaykh : O Allah, send blessings and peace upon the Messenger of Allah.
The student: And upon his family and all his Companions and the Tabi'un with excellence until the Day of Judgment, and upon us with them by Your mercy, O Most Merciful of the merciful.
The Shaykh : Is this from you or from the questioner? The supplication?
The student: From me, O Shaykh.
The Shaykh : Do not deceive.