Does the divorce of a menstruating woman take effect?
Machine translationRead the Arabic original
The questioner : A little while ago, I asked you about divorce, and you taught me that divorcing a menstruating woman is prohibited?
The Shaykh : Yes, indeed.
The questioner : So, does it take effect?
The Shaykh : Did I not tell you that some scholars hold that a divorce contrary to the Sunnah takes effect, while others do not? I presented that to you, but your question was about how the divorce is to be carried out.
The questioner : Good...
The Shaykh : No problem, no problem, the answer is coming to you now. I answered you regarding the Sunnah divorce and the innovative divorce that contradicts the Sunnah divorce. As for this second question, define your question precisely now so that I can answer it.
The questioner : May Allah reward you with good. A man divorced his wife during her menstruation and testified to that, then he divorced her again, and unfortunately, it was during her first period of purity.
The Shaykh : Yes, yes.
The questioner : That is the situation.
The Shaykh : I say that if this divorcing man did not take his divorce to a Shari'ah judge, but is taking it for the first time to a scholar of the Shari'ah, then he implements what he is given as a fatwa. If he implements what he is given as a fatwa, the divorce takes effect or does not take effect according to the fatwa. Did you understand this situation?
The questioner : I understood. I am seeking a fatwa from you.
The Shaykh : I am telling you now, I am the one you are asking. I say that the divorce of a menstruating woman takes effect. I say the divorce of a menstruating woman takes effect, and the matter is finished.
The questioner : Yes, yes, may Allah reward you with good.
The Shaykh : And you as well.
The questioner : May Allah reward you.
The Shaykh : And may He bless you.
The questioner : Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah.
The questioner : And upon you be peace, and Allah's mercy and blessings, and His forgiveness.
The questioner : How is our Shaykh doing?
The Shaykh : Praise be to Allah, I am well.
The questioner : How are you?
The Shaykh : How are you?
The questioner : May Allah bless you and may Allah the Exalted honor you.
I hope you are well.
The Shaykh : We praise Allah the Exalted and Majestic.
Welcome.
May Allah honor you.
May Allah preserve you.
The Shaykh : Yes, indeed.
The questioner : So, does it take effect?
The Shaykh : Did I not tell you that some scholars hold that a divorce contrary to the Sunnah takes effect, while others do not? I presented that to you, but your question was about how the divorce is to be carried out.
The questioner : Good...
The Shaykh : No problem, no problem, the answer is coming to you now. I answered you regarding the Sunnah divorce and the innovative divorce that contradicts the Sunnah divorce. As for this second question, define your question precisely now so that I can answer it.
The questioner : May Allah reward you with good. A man divorced his wife during her menstruation and testified to that, then he divorced her again, and unfortunately, it was during her first period of purity.
The Shaykh : Yes, yes.
The questioner : That is the situation.
The Shaykh : I say that if this divorcing man did not take his divorce to a Shari'ah judge, but is taking it for the first time to a scholar of the Shari'ah, then he implements what he is given as a fatwa. If he implements what he is given as a fatwa, the divorce takes effect or does not take effect according to the fatwa. Did you understand this situation?
The questioner : I understood. I am seeking a fatwa from you.
The Shaykh : I am telling you now, I am the one you are asking. I say that the divorce of a menstruating woman takes effect. I say the divorce of a menstruating woman takes effect, and the matter is finished.
The questioner : Yes, yes, may Allah reward you with good.
The Shaykh : And you as well.
The questioner : May Allah reward you.
The Shaykh : And may He bless you.
The questioner : Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah.
The questioner : And upon you be peace, and Allah's mercy and blessings, and His forgiveness.
The questioner : How is our Shaykh doing?
The Shaykh : Praise be to Allah, I am well.
The questioner : How are you?
The Shaykh : How are you?
The questioner : May Allah bless you and may Allah the Exalted honor you.
I hope you are well.
The Shaykh : We praise Allah the Exalted and Majestic.
Welcome.
May Allah honor you.
May Allah preserve you.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.