What is your opinion of this statement: “The four categories of women whose divorce is neither an innovation nor a minor sunnah: the young girl, the post-menopausal woman, and the woman who sought khul’ without sexual intercourse”?
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The questioner : May Allah reward you. This says: What is your opinion of this statement: “The four categories of women whose divorce is neither an innovation nor a minor sunnah: the young girl, the post-menopausal woman, and the woman who sought khul’ without sexual intercourse”? How authentic is this statement? What is the ruling on bid’i divorce? And what is the authenticity of the hadith: Bulugh al-Maram 8:119?
The Shaykh : Okay, correct. The woman with whom he has not had intercourse does not have to observe a waiting period, based on the saying of Allah the Exalted:[Al-Ahzab 33:49] except for the waiting period of death. The waiting period of death is established even if a man has not had intercourse with the woman.
For example: A man contracted marriage with a woman and then died before having intercourse with her. She must observe the waiting period and mourning, and she is entitled to inheritance. She is also entitled to the full mahr. What rulings are established for her?
The student: Three.
The Shaykh : Not four. She observes the waiting period and mourning, she is entitled to inheritance, and she is entitled to the full mahr. So, if a woman with whom her husband has not had intercourse is separated from him, she does not have to observe a waiting period unless he dies, and this is correct, and in the Qur’an you heard what was mentioned.
The second: The one whose waiting period is calculated in months. Her divorce is also not an innovation. Who is the one whose waiting period is calculated in months? The young girl. A man may divorce the young girl whenever he wishes, even if he had intercourse with her and then divorced her before performing ghusl from the intercourse, and there is no harm in that. Why? Because her waiting period is prescribed from the time of the divorce. And Allah says: This is divorcing her for the waiting period, because the one who observes a waiting period in months begins her waiting period from the time of the divorce. Okay. The young girl and the post-menopausal woman.
The fourth: Yes? What?
The questioner : The pregnant woman.
The Shaykh : The pregnant woman also does not have an innovative divorce; her divorce is sunni in all cases. Why? Because her waiting period is prescribed from the time of the divorce. Based on the saying of Allah the Exalted:[At-Talaq 65:4].
The fifth: The woman who sought khul’. It is permissible for her husband to grant her khul’ at any time he wishes, even if it is during a period of purity in which he had intercourse with her, or if it is during menstruation. This is because the woman who sought khul’ does not have a waiting period; rather, she must undergo a period of purification. She purifies herself with one menstruation. So, whenever she menstruates once, she is free from the husband who granted her khul’, and she becomes lawful for other husbands. However, some scholars say: The waiting period of the woman who sought khul’ is like the waiting period of the divorced woman. Based on this, she has the ruling of divorce; if khul’ is granted, it has the ruling of divorce. Yes.
The questioner : Bid’i divorce.
The Shaykh : How?
The questioner : What is the ruling on bid’i divorce?
The Shaykh : As for bid’i divorce, it is that in which one disobeys Allah the Exalted by divorcing her during menstruation or during a period of purity in which he had intercourse with her. Yes?
The questioner : The hadith ..
The Shaykh : As for the hadith, it is weakSunan Ibn Majah 2018Sahih (Darussalam) because if Allah the Exalted had disliked it, He would have forbidden it. But Allah, Glorified and Exalted is He, has made it lawful for His servants. There is no doubt that the original ruling regarding divorce is that it is disliked, except for a reason that necessitates it. For this reason, it was said that divorce establishes five rulings. And they are: say them. Not the other one. It seems you are sleepy now. Get up. Do you know the five rulings? Yes? Wait, you missed the point. Listen now. Stand up.
The student: Obligatory, permissible, forbidden, and disliked.
The Shaykh : Disliked.
The student: Disliked, forbidden, and permissible.
The Shaykh : Repeat, repeat. Obligatory.
The student: Obligatory and permissible.
The Shaykh : Yes.
The questioner : Forbidden, disliked, and permissible.
The Shaykh : Here, you repeated. Recommended.
The questioner : Mandub, mandub.
The Shaykh : Okay, rest. Mandub and recommended are the same. Sit down. The woman who sought khul’ is the one who separated from her husband in exchange for compensation.
Okay, so divorce may be obligatory. This is in the case where a man swears an oath not to have intercourse with his wife, and she demands it, so he is given four months[Al-Baqarah 2:226-227]. When the four months have passed, it is said to him: Either you return and have intercourse with your wife, or you divorce her. In this case, it is obligatory for him to divorce her. Yes.
The lawful thing which Allah hates most is divorce.
إن أبغض الحلال عند الله الطلاقThe Shaykh : Okay, correct. The woman with whom he has not had intercourse does not have to observe a waiting period, based on the saying of Allah the Exalted:
O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them
يا أيها الذين آمنوا إذا نكحتم المؤمنات ثم طلقتموهن من قبل أن تمسوهن فما لكم عليهن من عدة تعتدونهاFor example: A man contracted marriage with a woman and then died before having intercourse with her. She must observe the waiting period and mourning, and she is entitled to inheritance. She is also entitled to the full mahr. What rulings are established for her?
The student: Three.
The Shaykh : Not four. She observes the waiting period and mourning, she is entitled to inheritance, and she is entitled to the full mahr. So, if a woman with whom her husband has not had intercourse is separated from him, she does not have to observe a waiting period unless he dies, and this is correct, and in the Qur’an you heard what was mentioned.
The second: The one whose waiting period is calculated in months. Her divorce is also not an innovation. Who is the one whose waiting period is calculated in months? The young girl. A man may divorce the young girl whenever he wishes, even if he had intercourse with her and then divorced her before performing ghusl from the intercourse, and there is no harm in that. Why? Because her waiting period is prescribed from the time of the divorce. And Allah says:
then divorce them during their waiting period
فطلقوهن لعدتهنThe fourth: Yes? What?
The questioner : The pregnant woman.
The Shaykh : The pregnant woman also does not have an innovative divorce; her divorce is sunni in all cases. Why? Because her waiting period is prescribed from the time of the divorce. Based on the saying of Allah the Exalted:
And for those who are pregnant, their term is until they give birth
وأولات الأحمال أجلهن أن يضعن حملهنThe fifth: The woman who sought khul’. It is permissible for her husband to grant her khul’ at any time he wishes, even if it is during a period of purity in which he had intercourse with her, or if it is during menstruation. This is because the woman who sought khul’ does not have a waiting period; rather, she must undergo a period of purification. She purifies herself with one menstruation. So, whenever she menstruates once, she is free from the husband who granted her khul’, and she becomes lawful for other husbands. However, some scholars say: The waiting period of the woman who sought khul’ is like the waiting period of the divorced woman. Based on this, she has the ruling of divorce; if khul’ is granted, it has the ruling of divorce. Yes.
The questioner : Bid’i divorce.
The Shaykh : How?
The questioner : What is the ruling on bid’i divorce?
The Shaykh : As for bid’i divorce, it is that in which one disobeys Allah the Exalted by divorcing her during menstruation or during a period of purity in which he had intercourse with her. Yes?
The questioner : The hadith
Indeed, the most disliked
ان ابغضThe Shaykh : As for the hadith, it is weak
The most hated of permissible things to Allah is divorce.
أبغض الحلال إلى الله الطلاقThe student: Obligatory, permissible, forbidden, and disliked.
The Shaykh : Disliked.
The student: Disliked, forbidden, and permissible.
The Shaykh : Repeat, repeat. Obligatory.
The student: Obligatory and permissible.
The Shaykh : Yes.
The questioner : Forbidden, disliked, and permissible.
The Shaykh : Here, you repeated. Recommended.
The questioner : Mandub, mandub.
The Shaykh : Okay, rest. Mandub and recommended are the same. Sit down. The woman who sought khul’ is the one who separated from her husband in exchange for compensation.
Okay, so divorce may be obligatory. This is in the case where a man swears an oath not to have intercourse with his wife, and she demands it, so he is given four months
