Exegesis of a portion of Surat al-Talaq. Allah the Exalted said: "O Prophet, when you divorce women, divorce them at their prescribed waiting period and count the waiting period..."
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The Shaykh : Allah Mighty and Majestic said: [At-Talaq 65:1] Is this address directed specifically to the Messenger (peace and blessings be upon him), or is it general for him and the Ummah? We say: This falls into three categories:
The first category: Evidence indicates that it is general, like this verse:[At-Talaq 65:1] It did not say, "O Prophet, when you divorce."
The second: There is evidence that it is specific to him, in which case it is specific to him, such as His saying:[Ash-Sharh 94:1] Here, the expansion of the chest is specific to the Messenger.
The third: No evidence indicates either this or that. Is it specific to him, and for his Ummah through following his example, or is it general for him and the Ummah, but he was addressed because he is the leader of the Ummah? And the custom is that the address to the Ummah is directed to whom? To its leader? In reality, this disagreement is almost a verbal disagreement, because Allah, according to both views, indicates that the ruling is general for the Ummah. Here, the Exalted says:[At-Talaq 65:1] Here is the first category, where the evidence indicates that the address is general for the Messenger (peace and blessings be upon him) and the Ummah. [Al-Baqarah 2:106] Is this specific to him, or for him and the Ummah? For him and the Ummah. Good.
[At-Talaq 65:1]. So what is divorcing a woman at her waiting period? Divorcing a woman at her waiting period is that he divorces her while she is in a state of purity, not having had intercourse with her in that state of purity, and he did not have intercourse with her in that state of purity. This is divorcing her at her waiting period. If he divorces her while she is menstruating, he has disobeyed Allah, because he did not divorce her at her waiting period. And if he divorces her in a state of purity in which he had intercourse with her, he has disobeyed Allah, because he did not divorce her at her waiting period.
Good. If he divorces her while she is pregnant, is there any disobedience to Allah in this divorce? No, because he divorced her at her waiting period, since a pregnant woman begins her waiting period as soon as her husband divorces her. So the permissible divorce is if he divorces her while she is pregnant, or if he divorces her in a state of purity in which he did not have intercourse with her. And the forbidden divorce is if he divorces her while she is menstruating, or in a state of purity in which he had intercourse with her.
So divorce has four categories: she is pregnant, she is in a state of purity in which he did not have intercourse, she is menstruating, and she is in a state of purity in which he had intercourse. Two are lawful and two are forbidden. So what is the forbidden one?
The student: ... .
The Shaykh : May Allah reward you. This is forbidden. Sit down. What is the lawful one?
The student: He divorced her while she was pregnant, or he divorced her in a state of purity in which he did not have intercourse with her.
The Shaykh : Well done, perfect.[At-Talaq 65:1] "Count the waiting period" means regulate it, because the matter of marriage is great; it is the most dangerous of contracts. Therefore, Allah made conditions for entering into it and conditions for exiting it.
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period
يا أيها النبي إذا طلقتم النساء فطلقوهن لعدتهن وأحصوا العدةThe first category: Evidence indicates that it is general, like this verse:
O Prophet, when you [Muslims]
يا أيها النبي إذا طلقتمThe second: There is evidence that it is specific to him, in which case it is specific to him, such as His saying:
Did We not expand for you, [O Muhammad], your breast?
ألم نشرح لك صدركThe third: No evidence indicates either this or that. Is it specific to him, and for his Ummah through following his example, or is it general for him and the Ummah, but he was addressed because he is the leader of the Ummah? And the custom is that the address to the Ummah is directed to whom? To its leader? In reality, this disagreement is almost a verbal disagreement, because Allah, according to both views, indicates that the ruling is general for the Ummah. Here, the Exalted says:
O Prophet, when you [Muslims]
يا أيها النبي إذا طلقتمDo you not know that Allah is over all things competent?
ألم تعلم أن الله على كل شيء قديرwhen you [Muslims] divorce women, divorce them for [the commencement of] their waiting period
إذا طلقتم النساء فطلقوهن لعدتهنGood. If he divorces her while she is pregnant, is there any disobedience to Allah in this divorce? No, because he divorced her at her waiting period, since a pregnant woman begins her waiting period as soon as her husband divorces her. So the permissible divorce is if he divorces her while she is pregnant, or if he divorces her in a state of purity in which he did not have intercourse with her. And the forbidden divorce is if he divorces her while she is menstruating, or in a state of purity in which he had intercourse with her.
So divorce has four categories: she is pregnant, she is in a state of purity in which he did not have intercourse, she is menstruating, and she is in a state of purity in which he had intercourse. Two are lawful and two are forbidden. So what is the forbidden one?
The student: ... .
The Shaykh : May Allah reward you. This is forbidden. Sit down. What is the lawful one?
The student: He divorced her while she was pregnant, or he divorced her in a state of purity in which he did not have intercourse with her.
The Shaykh : Well done, perfect.
