Discussion regarding divorce and the waiting period.
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The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions.
As for what follows: We spoke last night about important matters regarding divorce. We mentioned that it is obligatory for a person not to transgress the limits of Allah in this matter, and that he should divorce during the waiting period. And divorce during the waiting period is of two types, and there is no third.
The student: Me?
The Shaykh : Yes, indeed.
The student: That she is pregnant, or that she is in a state of purity without having had intercourse.
The Shaykh : That she is pregnant or in a state of purity without having had intercourse. Now, rest. If he divorces his wife while she is menstruating?
The student: If he divorces his wife while she is menstruating, the divorce does not take effect.
The Shaykh : I am not asking you about whether the divorce takes effect or not. Is it a divorce during the waiting period or not during the waiting period?
The student: Not during the waiting period.
The Shaykh : Then it is?
The student: ...
The Shaykh : Forbidden.
The student: Yes, indeed.
The Shaykh : It is forbidden. Now, if he divorces her during a period of purity in which he had intercourse with her?
The student: It is not during the waiting period.
The Shaykh : It is not during the waiting period. Is it forbidden or permissible?
The student: Forbidden.
The Shaykh : Now, if he divorces her while she is pregnant?
The student: The divorce takes effect. The divorce is valid. If he divorces her while she is pregnant, her waiting period is the delivery.
The Shaykh : I am asking you: is it during the waiting period or not during the waiting period? O our brothers, the issue of whether it takes effect or not, leave it alone; we did not speak about it yesterday.
The student: Divorce of a pregnant woman is during the waiting period.
The Shaykh : Divorce during the waiting period. Is it permissible or forbidden?
The student: Permissible.
The Shaykh : It is permissible. Now, what is the divorce that has no waiting period?
The student: If he contracted the marriage with her but did not consummate it.
The Shaykh : If he divorces her and did not consummate the marriage with her and did not have seclusion with her. Now, rest. We mentioned that divorced women, regarding the waiting period, are in four categories?
The student: The woman who has passed the age of menstruation.
The Shaykh : The woman who has passed the age of menstruation.
The student: Yes, and the young girl who...
The Shaykh : Who is the woman who has passed the age of menstruation?
The student: The one who does not get menstruation.
The Shaykh : The one who does not get menstruation, is that it?
The student: Or the young girl.
The Shaykh : No, yes, rest.
The student: The woman who has passed the age of menstruation is the old woman...
The Shaykh : I do not want the example. Who is the woman who has passed the age of menstruation, and then give an example.
The student: The one whose uterus has been removed.
The Shaykh : No, yes?
The student: She is the one who does not menstruate and it is not expected that it will return to her.
The Shaykh : Correct. The one who does not menstruate and it is not expected that menstruation will return to her. The one who does not menstruate and it is not expected that menstruation will return to her is the woman who has passed the age of menstruation. For example?
The student: The old woman.
The Shaykh : For example, the old woman, and the one whose uterus has been removed, as the brother said. Now, what is her waiting period?
The student: Her waiting period is three months.
The Shaykh : What is the evidence?
The student: The evidence is the saying of Allah the Exalted:[At-Talaq 65:4].
The Shaykh : But stop at this. This is what is required. Now, if the woman does not get menstruation because of her youth? This is from the second category.
The student: If she does not get menstruation because of her youth, she waits three months.
The Shaykh : What is the evidence?
The student:[At-Talaq 65:4].
The Shaykh : Well done. Now, if the woman menstruates, what is her waiting period?
The student: Three periods of purity.
The Shaykh : Three?
The student: Three periods of purity, three menstruations.
The Shaykh : Three menstruations. What is the evidence? Rest. I think I have mentioned it to you.
The student: The evidence is the saying of Allah the Exalted:[Al-Baqarah 2:228].
The Shaykh : Well done. The saying of Allah the Exalted:[Al-Baqarah 2:228]. Now, if she does not menstruate but it is expected that menstruation will return to her?
The student: She waits until menstruation returns to her, then she observes the waiting period.
The Shaykh : Well done, may Allah reward you.
As for what follows: We spoke last night about important matters regarding divorce. We mentioned that it is obligatory for a person not to transgress the limits of Allah in this matter, and that he should divorce during the waiting period. And divorce during the waiting period is of two types, and there is no third.
The student: Me?
The Shaykh : Yes, indeed.
The student: That she is pregnant, or that she is in a state of purity without having had intercourse.
The Shaykh : That she is pregnant or in a state of purity without having had intercourse. Now, rest. If he divorces his wife while she is menstruating?
The student: If he divorces his wife while she is menstruating, the divorce does not take effect.
The Shaykh : I am not asking you about whether the divorce takes effect or not. Is it a divorce during the waiting period or not during the waiting period?
The student: Not during the waiting period.
The Shaykh : Then it is?
The student: ...
The Shaykh : Forbidden.
The student: Yes, indeed.
The Shaykh : It is forbidden. Now, if he divorces her during a period of purity in which he had intercourse with her?
The student: It is not during the waiting period.
The Shaykh : It is not during the waiting period. Is it forbidden or permissible?
The student: Forbidden.
The Shaykh : Now, if he divorces her while she is pregnant?
The student: The divorce takes effect. The divorce is valid. If he divorces her while she is pregnant, her waiting period is the delivery.
The Shaykh : I am asking you: is it during the waiting period or not during the waiting period? O our brothers, the issue of whether it takes effect or not, leave it alone; we did not speak about it yesterday.
The student: Divorce of a pregnant woman is during the waiting period.
The Shaykh : Divorce during the waiting period. Is it permissible or forbidden?
The student: Permissible.
The Shaykh : It is permissible. Now, what is the divorce that has no waiting period?
The student: If he contracted the marriage with her but did not consummate it.
The Shaykh : If he divorces her and did not consummate the marriage with her and did not have seclusion with her. Now, rest. We mentioned that divorced women, regarding the waiting period, are in four categories?
The student: The woman who has passed the age of menstruation.
The Shaykh : The woman who has passed the age of menstruation.
The student: Yes, and the young girl who...
The Shaykh : Who is the woman who has passed the age of menstruation?
The student: The one who does not get menstruation.
The Shaykh : The one who does not get menstruation, is that it?
The student: Or the young girl.
The Shaykh : No, yes, rest.
The student: The woman who has passed the age of menstruation is the old woman...
The Shaykh : I do not want the example. Who is the woman who has passed the age of menstruation, and then give an example.
The student: The one whose uterus has been removed.
The Shaykh : No, yes?
The student: She is the one who does not menstruate and it is not expected that it will return to her.
The Shaykh : Correct. The one who does not menstruate and it is not expected that menstruation will return to her. The one who does not menstruate and it is not expected that menstruation will return to her is the woman who has passed the age of menstruation. For example?
The student: The old woman.
The Shaykh : For example, the old woman, and the one whose uterus has been removed, as the brother said. Now, what is her waiting period?
The student: Her waiting period is three months.
The Shaykh : What is the evidence?
The student: The evidence is the saying of Allah the Exalted:
And those who no longer expect menstruation among your women - if you doubt, then their period is three months
واللآئي يئسن من المحيض من نسائكم إن ارتبتم فعدّتهن ثلاثة أشهر ..The Shaykh : But stop at this. This is what is required. Now, if the woman does not get menstruation because of her youth? This is from the second category.
The student: If she does not get menstruation because of her youth, she waits three months.
The Shaykh : What is the evidence?
The student:
and [also for] those who have not menstruated
واللآئي لم يحضنThe Shaykh : Well done. Now, if the woman menstruates, what is her waiting period?
The student: Three periods of purity.
The Shaykh : Three?
The student: Three periods of purity, three menstruations.
The Shaykh : Three menstruations. What is the evidence? Rest. I think I have mentioned it to you.
The student: The evidence is the saying of Allah the Exalted:
Divorced women remain in waiting for three periods
والمطلقات يتربصن بأنفسهن ثلاثة قروءThe Shaykh : Well done. The saying of Allah the Exalted:
Divorced women remain in waiting for three periods
والمطلقات يتربصن بأنفسهن ثلاثة قروءThe student: She waits until menstruation returns to her, then she observes the waiting period.
The Shaykh : Well done, may Allah reward you.