Explanation of the woman who has the right of revocation.
Machine translationRead the Arabic original
The Shaykh : The one who has the right of revocation is the woman who was divorced after consummation, without compensation, in a valid marriage contract, before the waiting period is exhausted.
Let me repeat it a second time: the one who was divorced after consummation in a valid marriage contract, without compensation, before the waiting period is exhausted. How many conditions are there?
The student: Four.
The Shaykh : No, my brother, get it straight. Five: the one who was divorced, after consummation, without compensation, in a valid marriage contract, before the waiting period is exhausted.
The student: Four.
The Shaykh : Five. Now, the one who was divorced—this is to distinguish her from what?
From annulment. Specifically, from the one whose marriage was annulled after consummation?
From the one before consummation. Without compensation?
From the one who was divorced with compensation. In a valid marriage contract?
From the one who was divorced in an invalid marriage contract. For example, if a man marries a woman without a guardian and then divorces her, this divorce does not carry the right of revocation. Why?
Because the marriage is defective. And the right of revocation only applies to a valid marriage contract, and there is no revocation in a defective one. Now, the fifth condition: before the waiting period is exhausted. What is that?
The student: Three.
The Shaykh : Three. If he divorces her three times, there is no right of revocation. There is also a rule among the scholars that says: "If she is divorced three times, it is major separation, and if he does not have the right of revocation and it is not due to the triple divorce, it is minor separation".
And with this, we limit our discussion to what concerns the right of revocation.
Let me repeat it a second time: the one who was divorced after consummation in a valid marriage contract, without compensation, before the waiting period is exhausted. How many conditions are there?
The student: Four.
The Shaykh : No, my brother, get it straight. Five: the one who was divorced, after consummation, without compensation, in a valid marriage contract, before the waiting period is exhausted.
The student: Four.
The Shaykh : Five. Now, the one who was divorced—this is to distinguish her from what?
From annulment. Specifically, from the one whose marriage was annulled after consummation?
From the one before consummation. Without compensation?
From the one who was divorced with compensation. In a valid marriage contract?
From the one who was divorced in an invalid marriage contract. For example, if a man marries a woman without a guardian and then divorces her, this divorce does not carry the right of revocation. Why?
Because the marriage is defective. And the right of revocation only applies to a valid marriage contract, and there is no revocation in a defective one. Now, the fifth condition: before the waiting period is exhausted. What is that?
The student: Three.
The Shaykh : Three. If he divorces her three times, there is no right of revocation. There is also a rule among the scholars that says: "If she is divorced three times, it is major separation, and if he does not have the right of revocation and it is not due to the triple divorce, it is minor separation".
And with this, we limit our discussion to what concerns the right of revocation.
