Is the divorce of a woman who was cohabited with during her period of purity valid?
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The questioner : And the divorce of a woman who was cohabited with during her period of purity?
The Shaykh : Likewise.
The questioner : How did you rule that the divorce of a menstruating woman and the divorce of a woman who was cohabited with during her period of purity are valid, while you did not rule that the bid'ah (innovatory) or haram (forbidden) divorce is valid due to the absence of witnesses?
The Shaykh : Because there is evidence.
The questioner : Does this evidence indicate that this un-witnessed divorce is bid'ah (innovatory)?
The Shaykh : Yes, the bid'ah (innovatory) aspect is something you derived from the concept of the Sunnah, is that not so?
The questioner: Yes.
The Shaykh : Okay, so we are now standing by the Sunnah. The Sunnah for one who divorces is to have two witnesses, so whoever opposes the Sunnah has opposed it.
The Shaykh : And the Qur'an obligates the divorce, and the woman is facing her waiting period.
The Shaykh : This comes in the hadith of Ibn 'Umar, in which he divorced her while she was menstruating, and it was executed against him, so this is attached to the divorce of a menstruating woman.
The questioner : The divorce where she was cohabited with, in a period of purity where she was cohabited with, because she is not facing the waiting period.
The Shaykh : All of this is in this hadith of Ibn 'Umar; it came in it.
The questioner : So the 'illah (operative cause) is one.
The Shaykh : Likewise.
The questioner : How did you rule that the divorce of a menstruating woman and the divorce of a woman who was cohabited with during her period of purity are valid, while you did not rule that the bid'ah (innovatory) or haram (forbidden) divorce is valid due to the absence of witnesses?
The Shaykh : Because there is evidence.
The questioner : Does this evidence indicate that this un-witnessed divorce is bid'ah (innovatory)?
The Shaykh : Yes, the bid'ah (innovatory) aspect is something you derived from the concept of the Sunnah, is that not so?
The questioner: Yes.
The Shaykh : Okay, so we are now standing by the Sunnah. The Sunnah for one who divorces is to have two witnesses, so whoever opposes the Sunnah has opposed it.
The Shaykh : And the Qur'an obligates the divorce, and the woman is facing her waiting period.
The Shaykh : This comes in the hadith of Ibn 'Umar, in which he divorced her while she was menstruating, and it was executed against him, so this is attached to the divorce of a menstruating woman.
The questioner : The divorce where she was cohabited with, in a period of purity where she was cohabited with, because she is not facing the waiting period.
The Shaykh : All of this is in this hadith of Ibn 'Umar; it came in it.
The questioner : So the 'illah (operative cause) is one.
Source
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The Arabic text is copied verbatim from the original source, without any edits.