Discussion on Raj'ah and the Explanation of Divorced Women for Whom There Is No Raj'ah
Machine translationRead the Arabic original
The Shaykh : And we said that among the divorced or separated women in life, are there any for whom there is no Raj'ah?
The student: The one for whom there is no Raj'ah is the one who was divorced before consummation.
The Shaykh : Why?
The student: Because she has no 'iddah.
The Shaykh : Well done. The one who was divorced before consummation has no Raj'ah, and she is not lawful for her husband except through a new contract, because she has no 'iddah, and Raj'ah only occurs during the 'iddah.
The student: The second: the one who was divorced for compensation.
The Shaykh : Well done. The second: the one who was divorced for compensation, meaning, for example, if the woman, or her guardian, or someone else gave the husband dirhams, even if few, on the condition that he divorce her, and he divorced her for these dirhams, then there is no Raj'ah except through a new contract. Good.
The student: That it be the last of the three divorces, in which there was no Raj'ah.
The Shaykh : Well done. Good. If it is the last of the three divorces, there is no Raj'ah. This is called a major final separation (baynunah kubra), a major final separation, because she is not lawful for the husband who divorced her three times until she marries another husband and he has intercourse with her, and the marriage must be a marriage of desire, not a marriage for the purpose of facilitating remarriage. The fourth?
The student: ... annulment.
The Shaykh : Yes, that the divorce be by annulment. For example?
The student: For example, if he is blind and she did not know, then she has the right to annul the contract.
The Shaykh : Meaning, either due to a defect or the failure of a condition. The defect is, for example, if she finds him to be blind, right?
The student: Or if she finds her to be blind.
The Shaykh : Or if she finds her to be blind. In this case, there is no return. If the contract is annulled, she is not lawful for him except through a new contract. Good. What about the failure of a condition?
The student: ...
The Shaykh : No, no. The failure of a condition?
The student: As if he conditions a sum of money for her and then does not fulfill it.
The Shaykh : Yes, for example, if she conditions that her mahr be twenty thousand, but he only gives her ten thousand, then he has no right to return to her except through a new contract.
Good, these are four. What is left?
The student: ...
The Shaykh : The one for whom there is Raj'ah.
The student: The one for whom there is no Raj'ah is the one who was divorced before consummation.
The Shaykh : Why?
The student: Because she has no 'iddah.
The Shaykh : Well done. The one who was divorced before consummation has no Raj'ah, and she is not lawful for her husband except through a new contract, because she has no 'iddah, and Raj'ah only occurs during the 'iddah.
The student: The second: the one who was divorced for compensation.
The Shaykh : Well done. The second: the one who was divorced for compensation, meaning, for example, if the woman, or her guardian, or someone else gave the husband dirhams, even if few, on the condition that he divorce her, and he divorced her for these dirhams, then there is no Raj'ah except through a new contract. Good.
The student: That it be the last of the three divorces, in which there was no Raj'ah.
The Shaykh : Well done. Good. If it is the last of the three divorces, there is no Raj'ah. This is called a major final separation (baynunah kubra), a major final separation, because she is not lawful for the husband who divorced her three times until she marries another husband and he has intercourse with her, and the marriage must be a marriage of desire, not a marriage for the purpose of facilitating remarriage. The fourth?
The student: ... annulment.
The Shaykh : Yes, that the divorce be by annulment. For example?
The student: For example, if he is blind and she did not know, then she has the right to annul the contract.
The Shaykh : Meaning, either due to a defect or the failure of a condition. The defect is, for example, if she finds him to be blind, right?
The student: Or if she finds her to be blind.
The Shaykh : Or if she finds her to be blind. In this case, there is no return. If the contract is annulled, she is not lawful for him except through a new contract. Good. What about the failure of a condition?
The student: ...
The Shaykh : No, no. The failure of a condition?
The student: As if he conditions a sum of money for her and then does not fulfill it.
The Shaykh : Yes, for example, if she conditions that her mahr be twenty thousand, but he only gives her ten thousand, then he has no right to return to her except through a new contract.
Good, these are four. What is left?
The student: ...
The Shaykh : The one for whom there is Raj'ah.