What are the conditions for divorce?
Machine translationRead the Arabic original
The questioner : How are you, Shaykh?
The Shaykh : Praise be to Allah, I am well.
The questioner : I hope your health is good, Shaykh?
The Shaykh : Praise be to Allah, I am well.
The questioner : May Allah greet you.
The Shaykh : Hello.
The questioner : I would like to ask, Shaykh, about divorce.
The Shaykh : Yes.
The questioner : Do you have time to explain a little to me about the matter of divorce, when it takes effect, and its conditions?
The Shaykh : Divorce is divided into two types: sunni and bid'ah. The sunni type is that in which all the conditions are met; if these conditions are met, the divorce is effective.
The questioner : What are the conditions?
The Shaykh : If one of these conditions is lacking, it does not take effect according to some scholars, though many of them consider it effective. The first condition is that the husband intends the divorce; he must intend the divorce. As Allah the Exalted said:[Al-A'raf 7:153] And determination, as you likely know, is the resolve to carry out an act. If a man divorces without determining, without planning, and without thinking, but it is merely a moment of anger, then the divorce of the angry man does not take effect, based on the text of his saying (peace and blessings be upon him): But as I told you at the outset, many scholars consider this divorce effective. Therefore, a Muslim should not get involved and divorce in a state of anger, because this divorce may reach the ears of some authorities, and they will separate a man from his wife.
The questioner : May Allah reward you with good. Yes, that is the first one.
The Shaykh : The second thing is that he divorces in a state of purity, not in a state of menstruation, because divorce in a state of menstruation is prohibited. And this is not sufficient; that is, if he divorces in a state of purity and not in a state of menstruation, it is required that the divorce in the state of purity not be preceded by a divorce in a state of menstruation.
The questioner : How, Shaykh? I don't understand what you mean.
The Shaykh : Ah, I hope you understand me, if Allah wills.
The questioner: May Allah will it.
The Shaykh : I mean, if a man says to his wife while she is in a state of purity, "Go, you are divorced," but before that he had pronounced a divorce on her while she was menstruating. Do you understand up to this point?
The questioner : Yes, I understand the situation.
The Shaykh : Good. The fact that he divorced her in a state of menstruation prevents, by the Shari'ah, him from divorcing her in the state of purity that follows the menstruation. This means, practically, that this man who divorces in a state of menstruation must not divorce in the state of purity that follows the menstruation.
The questioner: Yes, exactly.
The Shaykh : Then, when she menstruates the second time, naturally, it is not permissible for him to divorce her unless the second state of purity arrives.
The questioner : Yes, I understand now.
The Shaykh : That is what is meant.
The questioner : May Allah reward you with good.
The Shaykh : Likewise, among the conditions for sunni divorce is that he does not combine two or three divorces in one divorce. He should not say, for example, to his wife, "I have divorced you three times." That is bid'ah divorce. Finally, we say that sunni divorce must be witnessed, just as...
The questioner : Witnessed.
The Shaykh : Yes, just as one witnesses the marriage. Marriage is a building, whereas divorce is a demolition, so it is all the more necessary that when he divorces, he should witness his divorce with two just witnesses.
The questioner : Yes, may Allah reward you with good.
The Shaykh : That is what comes to my mind.
The questioner: O Shaykh.
The Shaykh : Yes.
The Shaykh : Praise be to Allah, I am well.
The questioner : I hope your health is good, Shaykh?
The Shaykh : Praise be to Allah, I am well.
The questioner : May Allah greet you.
The Shaykh : Hello.
The questioner : I would like to ask, Shaykh, about divorce.
The Shaykh : Yes.
The questioner : Do you have time to explain a little to me about the matter of divorce, when it takes effect, and its conditions?
The Shaykh : Divorce is divided into two types: sunni and bid'ah. The sunni type is that in which all the conditions are met; if these conditions are met, the divorce is effective.
The questioner : What are the conditions?
The Shaykh : If one of these conditions is lacking, it does not take effect according to some scholars, though many of them consider it effective. The first condition is that the husband intends the divorce; he must intend the divorce. As Allah the Exalted said:
indeed your Lord, thereafter, is Forgiving and Merciful.
فإن عزموا الطلاق فإن الله من بعدها لغفور رحيمThere is no divorce in compulsion, there is no divorce in compulsion.
لا طلاق في إغلاق لا طلاق في إغلاقThe questioner : May Allah reward you with good. Yes, that is the first one.
The Shaykh : The second thing is that he divorces in a state of purity, not in a state of menstruation, because divorce in a state of menstruation is prohibited. And this is not sufficient; that is, if he divorces in a state of purity and not in a state of menstruation, it is required that the divorce in the state of purity not be preceded by a divorce in a state of menstruation.
The questioner : How, Shaykh? I don't understand what you mean.
The Shaykh : Ah, I hope you understand me, if Allah wills.
The questioner: May Allah will it.
The Shaykh : I mean, if a man says to his wife while she is in a state of purity, "Go, you are divorced," but before that he had pronounced a divorce on her while she was menstruating. Do you understand up to this point?
The questioner : Yes, I understand the situation.
The Shaykh : Good. The fact that he divorced her in a state of menstruation prevents, by the Shari'ah, him from divorcing her in the state of purity that follows the menstruation. This means, practically, that this man who divorces in a state of menstruation must not divorce in the state of purity that follows the menstruation.
The questioner: Yes, exactly.
The Shaykh : Then, when she menstruates the second time, naturally, it is not permissible for him to divorce her unless the second state of purity arrives.
The questioner : Yes, I understand now.
The Shaykh : That is what is meant.
The questioner : May Allah reward you with good.
The Shaykh : Likewise, among the conditions for sunni divorce is that he does not combine two or three divorces in one divorce. He should not say, for example, to his wife, "I have divorced you three times." That is bid'ah divorce. Finally, we say that sunni divorce must be witnessed, just as...
The questioner : Witnessed.
The Shaykh : Yes, just as one witnesses the marriage. Marriage is a building, whereas divorce is a demolition, so it is all the more necessary that when he divorces, he should witness his divorce with two just witnesses.
The questioner : Yes, may Allah reward you with good.
The Shaykh : That is what comes to my mind.
The questioner: O Shaykh.
The Shaykh : Yes.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.