Is it a condition for the validity of divorce that the woman learns of it from her husband?
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The Shaykh: Go ahead.
The questioner : A man divorced his wife, but the divorce was not communicated to her. She then became pregnant, and he continued to live with her. After that, he went to a distant place and then mentioned that he had divorced her before she became pregnant.
The Shaykh : What happened?
The questioner : That is, he said to his wife, "You are divorced," but this matter was not communicated to the wife. Then, after that, he met with her and treated her as a husband treats his wife. Then he left these lands for other lands. In those lands, he asked one of the scholars, and the scholar said to him: "Your wife is divorced; you need to contract a new marriage with her." Does it have to be the case that the wife learns of the divorce for it to take effect?
The Shaykh : I do not believe that it is a condition for the wife to know, but it is a condition that witnesses be present for the divorce. So, if he divorced her with a lawful divorce and had witnesses to it, and this is a Sunnah divorce, then it has taken effect whether she knew or not. Because the matter is as he (peace and blessings be upon him) said: So the woman has no connection to the matter; did she know or not?
The questioner : The Shaykh : I issued a fatwa, and he responded to me, saying that it is obligatory for her to know, and the divorce has not taken effect.
The Shaykh : What was his evidence?
The questioner : He has no evidence other than the statement alone.
The Shaykh : Yes, we ask Allah for guidance for us and for him.
The questioner : Is the hadith "al-Saytir" with a fathah on the sin or a kasrah on the sin?
The Shaykh : By Allah, may Allah reward you with good. I do not know whether I spoke with you or with someone else that I had to review it. It slipped my mind and I did not review it, and we will review it, if Allah wills.
Another questioner : It is recorded in al-Bukhari regarding Musa (peace be upon him) that he was shy, "saytir," with a kasrah on the sin. Al-Hafiz Ibn Hajar says the most correct form in the language is the "fa'il" form on the pattern of "rahim." He said: "And it is permissible to say 'saytir' with a sin on the pattern of 'fa'al'."
The Shaykh : This means that in this issue there are two opinions and two perspectives. I do not have a review in reality, but what is established in my mind and in my wording is "saytir." So, the brother here, Abu Hamzah, indicates that this has a basis; yes, that is correct. Anything else?
The questioner : Do you have a comment, our Shaykh, on Turkish meat?
The Shaykh : No, I do not have a comment until the opposite is proven to us; because it is a Muslim tribe.
The questioner : A man divorced his wife, but the divorce was not communicated to her. She then became pregnant, and he continued to live with her. After that, he went to a distant place and then mentioned that he had divorced her before she became pregnant.
The Shaykh : What happened?
The questioner : That is, he said to his wife, "You are divorced," but this matter was not communicated to the wife. Then, after that, he met with her and treated her as a husband treats his wife. Then he left these lands for other lands. In those lands, he asked one of the scholars, and the scholar said to him: "Your wife is divorced; you need to contract a new marriage with her." Does it have to be the case that the wife learns of the divorce for it to take effect?
The Shaykh : I do not believe that it is a condition for the wife to know, but it is a condition that witnesses be present for the divorce. So, if he divorced her with a lawful divorce and had witnesses to it, and this is a Sunnah divorce, then it has taken effect whether she knew or not. Because the matter is as he (peace and blessings be upon him) said:
Divorce is in the hands of the one who took hold of the leg.
إنما الطلاق بيد من أخذ بالساقThe questioner : The Shaykh : I issued a fatwa, and he responded to me, saying that it is obligatory for her to know, and the divorce has not taken effect.
The Shaykh : What was his evidence?
The questioner : He has no evidence other than the statement alone.
The Shaykh : Yes, we ask Allah for guidance for us and for him.
The questioner : Is the hadith "al-Saytir" with a fathah on the sin or a kasrah on the sin?
The Shaykh : By Allah, may Allah reward you with good. I do not know whether I spoke with you or with someone else that I had to review it. It slipped my mind and I did not review it, and we will review it, if Allah wills.
Another questioner : It is recorded in al-Bukhari regarding Musa (peace be upon him) that he was shy, "saytir," with a kasrah on the sin. Al-Hafiz Ibn Hajar says the most correct form in the language is the "fa'il" form on the pattern of "rahim." He said: "And it is permissible to say 'saytir' with a sin on the pattern of 'fa'al'."
The Shaykh : This means that in this issue there are two opinions and two perspectives. I do not have a review in reality, but what is established in my mind and in my wording is "saytir." So, the brother here, Abu Hamzah, indicates that this has a basis; yes, that is correct. Anything else?
The questioner : Do you have a comment, our Shaykh, on Turkish meat?
The Shaykh : No, I do not have a comment until the opposite is proven to us; because it is a Muslim tribe.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.