What is the ruling on divorcing a pregnant woman? And if a man divorces his wife with a revocable divorce, then does not take her back, and then three years pass, does he have the right to take her back, or has it ended with the completion of the waiting period?
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The questioner : What is the ruling on divorcing a pregnant woman? And if a man divorces his wife with a revocable divorce, then does not take her back, and then three years pass, does he have the right to take her back, or has it ended with the completion of the waiting period? Please inform us, may Allah reward you.
The Shaykh : Divorce takes effect on a pregnant woman. Allah, Blessed and Exalted is He, said:[At-Talaq 65:1] up to His saying: [At-Talaq 65:4] And the Prophet (peace and blessings be upon him) said to 'Umar ibn al-Khattab: meaning: Tell your son 'Abdullah Jami` at-Tirmidhi 1176Sahih (Darussalam) This is a matter on which there is scholarly consensus, namely that the divorce of a pregnant woman is effective, established by the Book and the Sunnah.
As for what is widespread among the common people that a pregnant woman is not subject to divorce, it has no truth to it, and no one among the scholars of knowledge has said it. Rather, divorce takes effect on a pregnant woman, and her waiting period is until she gives birth. Even if it were assumed that a man divorced his pregnant wife in the morning and then she gave birth before noon, her waiting period would be completed. It does not end until she delivers the entire pregnancy. So if she delays giving birth until ten months, or twelve months, or sixteen months, or until two years, she remains in the waiting period. And when she gives birth, the waiting period is cut off, and there is no return for her husband to her except with a new contract, if the divorce was not the final one. Yes.
The questioner : May Allah reward you. We conclude this meeting with a message also from the questioner, Umm 'Abd al-Rahman, from the southern region, Abha. She says: O honorable Shaykh, may Allah preserve you, I am a married woman.
The Shaykh : Divorce takes effect on a pregnant woman. Allah, Blessed and Exalted is He, said:
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period
يا أيها النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا الْعِدَّةَAnd for those who are pregnant, their term is until they give birth
وَأُوْلاتُ الأَحْمَالِ أَجَلُهُنَّ أَنْ يَضَعْنَ حَمْلَهُنَّTell him
مُرهto take her back, then let him divorce her while she is pure or pregnant.
أن يُراجعها ثم ليطلّقها طاهراً أو حاملاًAs for what is widespread among the common people that a pregnant woman is not subject to divorce, it has no truth to it, and no one among the scholars of knowledge has said it. Rather, divorce takes effect on a pregnant woman, and her waiting period is until she gives birth. Even if it were assumed that a man divorced his pregnant wife in the morning and then she gave birth before noon, her waiting period would be completed. It does not end until she delivers the entire pregnancy. So if she delays giving birth until ten months, or twelve months, or sixteen months, or until two years, she remains in the waiting period. And when she gives birth, the waiting period is cut off, and there is no return for her husband to her except with a new contract, if the divorce was not the final one. Yes.
The questioner : May Allah reward you. We conclude this meeting with a message also from the questioner, Umm 'Abd al-Rahman, from the southern region, Abha. She says: O honorable Shaykh, may Allah preserve you, I am a married woman.