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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Discussion of some rulings on divorce?

Machine translationRead the Arabic original
The Shaykh: One has a thought in his mind to divorce his wife; just as if it had not occurred to him, everyone knows this. Then the thought rises; it becomes a concern. Then it has no value; it becomes a resolve. Then it has no value; ah; it moves from resolve to action, and he says to his wife: "You are divorced." Now; we are studying this statement "You are divorced" here now: was it from a resolve or from a fit of anger, as was the question? If it was from a fit of anger, then it has no value at all, first because the verse mentioned:
And if they decide on divorce وَإِنْ عَزَمُوا الطَّلَاقَ
[Al-Baqarah 2:227]
here there is no resolve; because what precedes the resolve? The concern, and the concern is preceded by the thought. This man did not have a thought in his mind, nor did a concern take hold of him, let alone, but rather what is it? A satanic moment; so the verse here was not realized in this person.
The hadith comes to confirm this meaning, and as they say today in the language of the modern age, it puts the dots on the letters, and he said - (peace and blessings be upon him) - :
There is no divorce in a state of being overwhelmed. لا طلاق في إغلاق
Sunan ad-Daraqutni 16:86
.
There is no divorce in a state of being overwhelmed. لا طلاق في إغلاق
Sunan ad-Daraqutni 16:86
What is the closing?
It is one of two things; either coercion, he is coerced by another, the other may be the wife; do you see? This is the first meaning, the closing is coercion. The second meaning - and here is the point - is anger that closes the path of sound thinking for its owner,
There is no divorce in a state of being overwhelmed. لا طلاق في إغلاق
Sunan ad-Daraqutni 16:86
. And not only this; for the system of divorce in Islam, which I said earlier that it honors the Muslims, placed practical barriers in the path of preventing divorce without resolve, and he said - (peace and blessings be upon him) - in the hadith of Abdullah ibn 'Umar ibn al-Khattab - (may Allah be pleased with them both) - divorcing his wife while she was menstruating, so he said to him - (peace and blessings be upon him) - :
Return her, then hold her until she becomes pure, and when she becomes pure, do not touch her; if you wish to divorce her, then divorce her ارجعها ، ثم أمسكها حتى تطهر ، فإذا طهرت فلا تمسَّها ؛ فإن شئت أن تطلِّقَها فطلِّقْها
. What is the meaning of this statement? This is a very great thing, meaning the one who wants to divorce in the Sharia way needs three months, three months to execute what is in his mind; why?
Because it often happens and agrees that a man truly thought, calculated, and planned to divorce his wife, when he wants to divorce her, the Sharia says to him: hold the "brake"; look, is she pure or menstruating? If she is menstruating, it is forbidden for you to divorce her, so any wife must be in one of the two states; either purity or menstruation, if she is menstruating, it is forbidden for you to divorce her, now; if she is not menstruating but she is pure; look, if you had intercourse with her in this purity, it is not permissible for you to divorce her, and let us all think, I think men are married; meaning in the Syrian expression: "the land is not inhabited"; each one of us knows that if his wife is menstruating, it will not be true for her to become pure until what? ... he has to have intercourse with her, so if we assume that this man who wants to apply the system of divorce in Islam found his wife that she is menstruating, he held back his desire and resolved on what? That he will be patient until she becomes pure, and as soon as she becomes pure, he will be what? He has satisfied his desire; so if he truly wants to divorce, he has to restrain himself from her, do you see how? And then who will apply this system? As if the Wise Lawgiver with this system places, as it is said, "the stick in the wheel"; do not divorce, as if do not divorce, when the flood reaches the dregs, as it is said, and he cannot live with the woman, hey, he is forced to think this thought, menstruating I will not divorce you, you became pure I will not have intercourse with you, I want to be patient until the second menstruation, and the second purity is not enough, it becomes two months here, here you want to divorce, divorce, where are these Muslims?

The questioner: By Allah, I do not know!
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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