If a man divorces his wife during menstruation; do the conditions of divorce apply to him, and is the divorce valid?
Machine translationRead the Arabic original
The questioner : Well, if the conditions are not met here, and it happens in such a case, does that mean the conditions were not fulfilled here, O our Shaykh?
The Shaykh : Which conditions were not fulfilled?
The questioner : The conditions are that she not be menstruating, that there be witnesses, and that it be according to the conditions you mentioned.
The Shaykh : My brother, these conditions are for the divorce to be prescribed, and for the one divorcing not to have contradicted the Shari'ah. As for the issue of whether it takes place or not, that is a different ruling.
The questioner : Yes.
The Shaykh : Some take place, and some do not. The principle is that any bid'ah (religious innovation) divorce, as the non-Sunni jurists say, does not take place except where the text (nass) states that it takes place. The text has come regarding its taking place.
The questioner: ... at the level of weakness, because.
The Shaykh : No, can he not be a little patient?
The questioner : ... .
The questioner : The principle is that the bid'ah (religious innovation) divorce takes place.
Another questioner: No.
The questioner : It does not take place.
The Shaykh : Yes.
The questioner: Yes.
The Shaykh : Except where the text (nass) comes, and the text (nass) has come regarding the taking place of the divorce of the menstruating woman, even though it is bid'ah (religious innovation).
The questioner: Yes.
The Shaykh : So we say it takes place. But if a man divorces with all the conditions, but he divorces with the wording of three; then only one divorce takes place.
The questioner : Ah, why is that here, if you permit?
The Shaykh : Because in that hadith, the divorce with the wording of three was considered one divorce.
The questioner : Yes, the text (nass), the existence of the text (nass).
The Shaykh : ... from the aspect of the detail that contradicts the divine ruling;[Al-Baqarah 2:229] , so where is the retention? Where is the release with kindness? There is none, so it is lost from him if he divorces her three times. Do you understand how I mean?
The questioner : Yes, yes.
The Shaykh : Which conditions were not fulfilled?
The questioner : The conditions are that she not be menstruating, that there be witnesses, and that it be according to the conditions you mentioned.
The Shaykh : My brother, these conditions are for the divorce to be prescribed, and for the one divorcing not to have contradicted the Shari'ah. As for the issue of whether it takes place or not, that is a different ruling.
The questioner : Yes.
The Shaykh : Some take place, and some do not. The principle is that any bid'ah (religious innovation) divorce, as the non-Sunni jurists say, does not take place except where the text (nass) states that it takes place. The text has come regarding its taking place.
The questioner: ... at the level of weakness, because.
The Shaykh : No, can he not be a little patient?
The questioner : ... .
The questioner : The principle is that the bid'ah (religious innovation) divorce takes place.
Another questioner: No.
The questioner : It does not take place.
The Shaykh : Yes.
The questioner: Yes.
The Shaykh : Except where the text (nass) comes, and the text (nass) has come regarding the taking place of the divorce of the menstruating woman, even though it is bid'ah (religious innovation).
The questioner: Yes.
The Shaykh : So we say it takes place. But if a man divorces with all the conditions, but he divorces with the wording of three; then only one divorce takes place.
The questioner : Ah, why is that here, if you permit?
The Shaykh : Because in that hadith, the divorce with the wording of three was considered one divorce.
The questioner : Yes, the text (nass), the existence of the text (nass).
The Shaykh : ... from the aspect of the detail that contradicts the divine ruling;
Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment.
الطَّلَاقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍThe questioner : Yes, yes.
Source
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The Arabic text is copied verbatim from the original source, without any edits.