What is the ruling on one who divorces his wife during a period of purity in which he had intercourse with her?
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The questioner : If he divorced on a condition, and the condition occurred while she was menstruating, for example, and she was in a period of purity in which he had intercourse with her?
The Shaykh : If he divorced, and peace be upon you.
The questioner : I mean, if he made the divorce conditional on a condition?
The Shaykh : No, don't say "conditional," say "divorced."
The questioner : If he divorced on a condition.
The Shaykh : Say "he divorced while she was menstruating," don't say "conditional."
The questioner : No, he made the divorce conditional on a condition.
The Shaykh : May Allah guide you.
The questioner : Amen.
The Shaykh : I know what I am telling you: don't say "conditional," because you will understand the answer for "conditional" if you say "divorced."
The questioner : The goal is not to know this specifically for the menstruating woman.
The Shaykh : The one who does not come with you, come with him: he made the divorce conditional on a condition, and the condition occurred during menstruation.
The questioner : During a period of purity in which he did not have intercourse with her?
The Shaykh : During the period of purity?
The questioner : In which he did not have intercourse with her, excuse me, in which he did have intercourse with her.
The Shaykh : That is what I said at the beginning, he had intercourse with her in it. What is the answer? Does it take effect or not? Why? Because does every conditional divorce take effect?
The questioner : Assuming that this divorce takes effect, we now have two categories of divorce conditional on a condition: a category that takes effect, and a category that does not take effect. The divorce that is conditional on a condition and takes effect: does it take effect or not? If the condition occurs during an innovated state, the divorce does not take effect.
The Shaykh : It takes effect. That is why I told you, don't make it conditional. If he divorces during menstruation, does it take effect or not?
The questioner : It takes effect.
The Shaykh : And if he divorces during a period of purity in which he had intercourse, does it take effect or not?
The questioner : It does not take place.
The Shaykh : What is this? May Allah guide you, don't embarrass us in front of the eyes that are watching us. (laughs)The Shaykh : (may Allah have mercy on him).
The questioner : Well, what I know from you is that the innovated divorce does not take effect. The text came with the taking effect of the divorce of the menstruating woman, so we made it take effect. This is what I have memorized for twenty years in my home.
The Shaykh : Yes, this is complete. But we did not restrict it. We used to say, following Ibn Taymiyyah, that the innovated divorce does not take effect. When we looked at the hadiths that we extracted
The questioner : Peace be upon you
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The Shaykh : If he divorced, and peace be upon you.
The questioner : I mean, if he made the divorce conditional on a condition?
The Shaykh : No, don't say "conditional," say "divorced."
The questioner : If he divorced on a condition.
The Shaykh : Say "he divorced while she was menstruating," don't say "conditional."
The questioner : No, he made the divorce conditional on a condition.
The Shaykh : May Allah guide you.
The questioner : Amen.
The Shaykh : I know what I am telling you: don't say "conditional," because you will understand the answer for "conditional" if you say "divorced."
The questioner : The goal is not to know this specifically for the menstruating woman.
The Shaykh : The one who does not come with you, come with him: he made the divorce conditional on a condition, and the condition occurred during menstruation.
The questioner : During a period of purity in which he did not have intercourse with her?
The Shaykh : During the period of purity?
The questioner : In which he did not have intercourse with her, excuse me, in which he did have intercourse with her.
The Shaykh : That is what I said at the beginning, he had intercourse with her in it. What is the answer? Does it take effect or not? Why? Because does every conditional divorce take effect?
The questioner : Assuming that this divorce takes effect, we now have two categories of divorce conditional on a condition: a category that takes effect, and a category that does not take effect. The divorce that is conditional on a condition and takes effect: does it take effect or not? If the condition occurs during an innovated state, the divorce does not take effect.
The Shaykh : It takes effect. That is why I told you, don't make it conditional. If he divorces during menstruation, does it take effect or not?
The questioner : It takes effect.
The Shaykh : And if he divorces during a period of purity in which he had intercourse, does it take effect or not?
The questioner : It does not take place.
The Shaykh : What is this? May Allah guide you, don't embarrass us in front of the eyes that are watching us. (laughs)The Shaykh : (may Allah have mercy on him).
The questioner : Well, what I know from you is that the innovated divorce does not take effect. The text came with the taking effect of the divorce of the menstruating woman, so we made it take effect. This is what I have memorized for twenty years in my home.
The Shaykh : Yes, this is complete. But we did not restrict it. We used to say, following Ibn Taymiyyah, that the innovated divorce does not take effect. When we looked at the hadiths that we extracted
The questioner : Peace be upon you
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.