Is the divorce of a menstruating woman valid, and is divorce without witnesses valid, and is divorce in the period of purity in which he had intercourse with her valid?
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The questioner : Professor, regarding the innovated divorce, we have the divorce of a menstruating woman.
The Shaykh : Yes.
The questioner : Divorce in the period of purity in which he had intercourse with her, and divorce without witnesses, in order to save time because of the other questions, and regarding the divorce of a menstruating woman, I answered that it is valid, ... and regarding the divorce without witnesses, it is valid? As for divorce in the period of purity in which he had intercourse with her, is it valid?
The Shaykh : Without witnesses, we do not consider it valid.
The questioner : It is not valid.
The questioner : And divorce in the period of purity in which he had intercourse with her?
The Shaykh : This is attached to menstruation; it is valid, but it is a sin.
The questioner : Okay, why the difference?
The Shaykh : Because there is evidence for that.
The questioner : And he?
The Shaykh : Regarding the divorce of a menstruating woman, we have evidence that when 'Abd Allah ibn 'Umar divorced his wife while she was menstruating, the Messenger (peace be upon him) considered his divorce effective and valid. And if it were not for that, we would have considered the divorce of a menstruating woman ineffective. So, the coming of the correct, explicit text of the Messenger (peace be upon him) executing the divorce of a menstruating woman, we executed it. It is not so regarding divorce without witnesses; it is established from the Sunnah that witnessing is required in divorce, and there is nothing indicating the validity of divorce without witnesses. Therefore, we distinguished between the two divorces.
The questioner : ... .
The Shaykh : Yes.
The questioner : ... two things.
The Shaykh : Please go ahead.
The questioner : The first is that the Prophet (peace and blessings be upon him) returned her and did not consider it anything. So, from the disagreement in this, this addition.
The Shaykh : Yes, indeed.
The questioner : Among the hadith scholars, this is not an addition, but the one ... more likely that the Prophet (peace and blessings be upon him).
The Shaykh : No, before you bring up the second thing, this first matter that you considered first, meaning you did not count it, so let us proceed, we do not respond to it?
The questioner : No, there is none, because you know that there is disagreement among hadith scholars regarding the validity of this addition. Perhaps al-Shawkani, who preferred it.
The Shaykh : Then why did you consider it first? It is nothing.
The questioner : Nothing.
The Shaykh : Nothing.
Another questioner : First ... .
The Shaykh : Then you are telling me first.
The questioner : First, okay, then only one thing remains.
Al-'A'id 'Abassi : His statement because there is disagreement, meaning it is not counted, this is a rule.
The questioner : Yes?
Al-'A'id 'Abassi : ... that there is disagreement between ..
The Shaykh : A second research, this, save your question and ask it later, yes.
The questioner : The last is that they argue against us with the saying of the Prophet (peace and blessings be upon him)Bulugh al-Maram 8:120 etc., until he said , so why did he say , since the first divorce occurred? This is what I am researching, I want to mean to refute it when they argue against us.
The Shaykh : All of this, Professor, can be looked into and researched, what is the secret in his saying a second time , if it is not established for us by the correct, explicit text that the Messenger (peace and blessings be upon him) considered the divorce of Ibn 'Umar from his wife during Hajj, but since the same divorcer was asked.
The questioner : Yes.
The Shaykh : Did the Messenger (peace be upon him) count it, or was it counted against you? He answered in the affirmative, yes. So, after this explicit statement, there is no need for us to say why did the Messenger say , , a second time.
The questioner : Meaning it increased ... after.
The Shaykh : Yes, I did not find, after, it is possible that the man wanted to divorce her with a legal three divorces, so he said to him , meaning the second divorce, this is easy, but there is no need for a person to think about such a thing after the explicit text has come that the divorcer, who is Ibn 'Umar himself, was asked by some of the Tabi'un, "Was it counted against you?" He said: Yes, one divorce was counted against me.
The questioner : ... Professor.
The Shaykh : Yes?
The questioner : The first ... the first or the second?
The Shaykh : No, the first, there is only one divorce here, meaning.
The questioner : There is a hadith from Khalid ibn Abi al-Salt, one of the narrators of the chains, and from 'A'ishah (may Allah be pleased with her) in the known disagreement regarding Khalid ibn Abi al-Salt.
The Shaykh : Yes.
The questioner : So al-Zuhri is saying the hadith is denounced, and Shaker is saying, in his verification on Ibn Hazm, he says that the hadith is authentic and meets the conditions of Muslim, as the narrator said.
The Shaykh : Yes.
The questioner : I know it, perhaps I think the hadith.
The Shaykh : No, I have not remembered yet.
The questioner : From 'A'ishah (may Allah be pleased with her)
The Shaykh : .
The questioner : .
The Shaykh : What Allah willed.
The questioner : I was very surprised, meaning Shaker's authentication of it, so this is what I want, I want the man Khalid and I want the hadith.
.
The Shaykh : In Syria, they say "A noble person without standing" .
The questioner : ... .
The Shaykh : And you also have it like this?
The questioner : ... regarding standing, I will never stand ... .
The Shaykh : The criterion is what is in the hearts.
The questioner : We are apologizing to you, meaning.
The Shaykh : The criterion is what is in the hearts.
The questioner : We are apologizing to you, when I told him, "My Shaykh, what if you enter ... if you enter, he does not want to stand for you," he said to me, "If the Messenger of Allah enters, you do not want to stand for him because he is your commander," he was silent.
The Shaykh : And we recited for them a poem by one of the scholars, a poem with some length, but the point now is his saying:
And if the pronouns from us are correct *** We are content to tire the bodies
We are all confident in the love of his brother *** So what is our annoyance and for what
The Shaykh : Yes.
The questioner : Divorce in the period of purity in which he had intercourse with her, and divorce without witnesses, in order to save time because of the other questions, and regarding the divorce of a menstruating woman, I answered that it is valid, ... and regarding the divorce without witnesses, it is valid? As for divorce in the period of purity in which he had intercourse with her, is it valid?
The Shaykh : Without witnesses, we do not consider it valid.
The questioner : It is not valid.
The questioner : And divorce in the period of purity in which he had intercourse with her?
The Shaykh : This is attached to menstruation; it is valid, but it is a sin.
The questioner : Okay, why the difference?
The Shaykh : Because there is evidence for that.
The questioner : And he?
The Shaykh : Regarding the divorce of a menstruating woman, we have evidence that when 'Abd Allah ibn 'Umar divorced his wife while she was menstruating, the Messenger (peace be upon him) considered his divorce effective and valid. And if it were not for that, we would have considered the divorce of a menstruating woman ineffective. So, the coming of the correct, explicit text of the Messenger (peace be upon him) executing the divorce of a menstruating woman, we executed it. It is not so regarding divorce without witnesses; it is established from the Sunnah that witnessing is required in divorce, and there is nothing indicating the validity of divorce without witnesses. Therefore, we distinguished between the two divorces.
The questioner : ... .
The Shaykh : Yes.
The questioner : ... two things.
The Shaykh : Please go ahead.
The questioner : The first is that the Prophet (peace and blessings be upon him) returned her and did not consider it anything. So, from the disagreement in this, this addition.
The Shaykh : Yes, indeed.
The questioner : Among the hadith scholars, this is not an addition, but the one ... more likely that the Prophet (peace and blessings be upon him).
The Shaykh : No, before you bring up the second thing, this first matter that you considered first, meaning you did not count it, so let us proceed, we do not respond to it?
The questioner : No, there is none, because you know that there is disagreement among hadith scholars regarding the validity of this addition. Perhaps al-Shawkani, who preferred it.
The Shaykh : Then why did you consider it first? It is nothing.
The questioner : Nothing.
The Shaykh : Nothing.
Another questioner : First ... .
The Shaykh : Then you are telling me first.
The questioner : First, okay, then only one thing remains.
Al-'A'id 'Abassi : His statement because there is disagreement, meaning it is not counted, this is a rule.
The questioner : Yes?
Al-'A'id 'Abassi : ... that there is disagreement between ..
The Shaykh : A second research, this, save your question and ask it later, yes.
The questioner : The last is that they argue against us with the saying of the Prophet (peace and blessings be upon him)
Command him to take her back and keep
مُرْه فليراجعها ثم ليمسكThen let him divorce
ثم ليطلقThen let him divorce
ثم ليطلقThe Shaykh : All of this, Professor, can be looked into and researched, what is the secret in his saying a second time
Then he divorced her
ثم طلقتهاThe questioner : Yes.
The Shaykh : Did the Messenger (peace be upon him) count it, or was it counted against you? He answered in the affirmative, yes. So, after this explicit statement, there is no need for us to say why did the Messenger say
Then he held her
ثم أمسكهاThen he divorced her
ثم طلقهاThe questioner : Meaning it increased ... after.
The Shaykh : Yes, I did not find, after, it is possible that the man wanted to divorce her with a legal three divorces, so he said to him
Then he divorced her
ثم طلقهاThe questioner : ... Professor.
The Shaykh : Yes?
The questioner : The first ... the first or the second?
The Shaykh : No, the first, there is only one divorce here, meaning.
The questioner : There is a hadith from Khalid ibn Abi al-Salt, one of the narrators of the chains, and from 'A'ishah (may Allah be pleased with her) in the known disagreement regarding Khalid ibn Abi al-Salt.
The Shaykh : Yes.
The questioner : So al-Zuhri is saying the hadith is denounced, and Shaker is saying, in his verification on Ibn Hazm, he says that the hadith is authentic and meets the conditions of Muslim, as the narrator said.
The Shaykh : Yes.
The questioner : I know it, perhaps I think the hadith.
The Shaykh : No, I have not remembered yet.
The questioner : From 'A'ishah (may Allah be pleased with her)
That the Messenger of Allah (peace and blessings be upon him) heard that some people disliked turning their backs to the qiblah when urinating or defecating, so he ordered a seat
أن رسول الله صلى الله عليه وسلم سمع أن أُناسًا يكرهون استدبار القِبلة ببول أو غائط، فأمر بمقعدةٍThe Shaykh :
So it was turned toward the qiblah
فحولت إلى القبلةThe questioner :
So it was turned toward the qiblah
فحولت إلى القبلةThe Shaykh : What Allah willed
The Shaykh (may Allah have mercy on him) laughed
ضحك الشيخ رحمه اللهThe questioner : I was very surprised, meaning Shaker's authentication of it, so this is what I want, I want the man Khalid and I want the hadith.
The Shaykh returns the greeting and salutation
الشيخ يرد السلام والتحيةThe Shaykh : In Syria, they say "A noble person without standing" .
The questioner : ... .
The Shaykh : And you also have it like this?
The questioner : ... regarding standing, I will never stand ... .
The Shaykh : The criterion is what is in the hearts.
The questioner : We are apologizing to you, meaning.
The Shaykh : The criterion is what is in the hearts.
The questioner : We are apologizing to you, when I told him, "My Shaykh, what if you enter ... if you enter, he does not want to stand for you," he said to me, "If the Messenger of Allah enters, you do not want to stand for him because he is your commander," he was silent.
The Shaykh : And we recited for them a poem by one of the scholars, a poem with some length, but the point now is his saying:
And if the pronouns from us are correct *** We are content to tire the bodies
We are all confident in the love of his brother *** So what is our annoyance and for what