It is necessary to clarify the rulings of divorce to people before writing the divorce and proceeding with it.
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The Shaykh : And based on this, if a man comes to you wanting to divorce his wife, do you write the divorce immediately? No. First, advise him not to divorce and tell him: if you divorce her, the bond of marriage is severed, and perhaps the bond of affection between you and her family will be broken, and you will deprive yourself and your family of the benefits that follow from marriage. And if you divorce her, perhaps another woman will not be easily available to you, and you will remain a bachelor without a wife. Make the harms of divorce clear to him. If he insists on divorcing, ask him and say to him: Is she pregnant or not? If he says she is pregnant, does he divorce or not? He divorces.
The student: Yes.
The Shaykh : Okay, he divorces even if he has recently had intercourse with her?
The student: Yes.
The Shaykh : Yes, he divorces even if he has recently had intercourse with her. And if he says she is menstruating, ask him: Is she menstruating or not? If he says she is menstruating, he does not divorce. Even if he says, "I want to divorce her while she is menstruating," say: I will not write the divorce for you, nor will I bear witness to it, because this is forbidden, and bearing witness to the forbidden and writing the forbidden is forbidden. If he says she is in a state of purity and not menstruating, does he need to be asked or not?
The student: He needs to be asked.
The Shaykh : He needs to be asked. We say: Did you have intercourse with her in this period of purity or not? If he says he did have intercourse with her, we say: Do not divorce, do not divorce, and we will not write the divorce for you. If he says he did not have intercourse with her, it is said: Now, if you wish, divorce. So, it is necessary for the one who writes the divorce, whether a marriage officer, a mosque imam, or any person, to ask these questions. How many questions? Four. Is she pregnant or not? Is she menstruating or not? Did you have intercourse with her?
The student: ...
The Shaykh : No, now he will say she is not menstruating. Okay, a second time: Is she pregnant or not? Is she menstruating or not? Is she in a state of purity or not? Did you have intercourse with her or not?
Okay, so the divorce for the waiting period is in two cases, and the divorce not for the waiting period is in two cases. Therefore, the questions became four. The divorce for the waiting period is in two cases: one, if she is pregnant, and two, if she is in a period of purity in which he did not have intercourse with her. The divorce not for the waiting period is in two cases: if she is menstruating, or if she is in a period of purity in which he had intercourse with her. Okay.
The student: Yes.
The Shaykh : Okay, he divorces even if he has recently had intercourse with her?
The student: Yes.
The Shaykh : Yes, he divorces even if he has recently had intercourse with her. And if he says she is menstruating, ask him: Is she menstruating or not? If he says she is menstruating, he does not divorce. Even if he says, "I want to divorce her while she is menstruating," say: I will not write the divorce for you, nor will I bear witness to it, because this is forbidden, and bearing witness to the forbidden and writing the forbidden is forbidden. If he says she is in a state of purity and not menstruating, does he need to be asked or not?
The student: He needs to be asked.
The Shaykh : He needs to be asked. We say: Did you have intercourse with her in this period of purity or not? If he says he did have intercourse with her, we say: Do not divorce, do not divorce, and we will not write the divorce for you. If he says he did not have intercourse with her, it is said: Now, if you wish, divorce. So, it is necessary for the one who writes the divorce, whether a marriage officer, a mosque imam, or any person, to ask these questions. How many questions? Four. Is she pregnant or not? Is she menstruating or not? Did you have intercourse with her?
The student: ...
The Shaykh : No, now he will say she is not menstruating. Okay, a second time: Is she pregnant or not? Is she menstruating or not? Is she in a state of purity or not? Did you have intercourse with her or not?
Okay, so the divorce for the waiting period is in two cases, and the divorce not for the waiting period is in two cases. Therefore, the questions became four. The divorce for the waiting period is in two cases: one, if she is pregnant, and two, if she is in a period of purity in which he did not have intercourse with her. The divorce not for the waiting period is in two cases: if she is menstruating, or if she is in a period of purity in which he had intercourse with her. Okay.