A man said to his wife, "If you do not abort what is in your womb, you are divorced." What is the ruling, and the pregnancy is three months old?
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The questioner : A question came to me from a brother in Egypt. He said to his wife, "If you do not abort what is in your womb, you are divorced." She was pregnant for three to four months. Does the divorce take effect or not?
The Shaykh : First, we tell this husband that he made a mistake in wanting his wife to abort her pregnancy, for he has no right to force her to do so. Furthermore, if the pregnancy has reached this stage of three or four months, it is not permissible to abort it except for a confirmed harm.
And let him know that aborting the fetus, if it is after the soul has been breathed into it, is not permissible under any circumstances.
The questioner : Which is three months?
The Shaykh : Precisely. If it is after the soul has been breathed into it, it is not permissible to abort it under any circumstances, because the soul has been breathed into it, and aborting it leads to its killing and destruction. Even if it is said that the mother will die if this pregnancy is not aborted, we say: let her die, because if she dies, she dies by the action of whom?
The questioner : By the action of Allah.
The Shaykh : By the action of Allah. But if we abort the fetus and she dies because of it, then she has died by our action. It is well known that it is not permissible to kill one person to save another. Is this clear?
The second case: before the soul is breathed into it. There is no doubt that it differs according to the stage of the fetus's development. Initially, it is a drop of semen, which is the lightest. Then, when it becomes a clot, aborting it becomes more severe. Then, when it becomes a lump of flesh, aborting it becomes even more severe. This is the ruling on aborting the fetus.
So we tell this husband: You made a mistake in this action of forcing your wife to abort the fetus. And we tell the wife: You are not required to abort the pregnancy; rather, you have the right to disobey this husband. And if she does not abort it, does the divorce take effect on her or not?
This depends on the husband's intention. If his intention with this statement was to prevent her and to firmly prevent her from keeping the pregnancy in her womb, then she is not divorced. But if his intention was divorce, then she is divorced.
The questioner : With the knowledge that this is the third divorce.
The Shaykh : What?
The questioner : The third divorce for her.
The Shaykh : Whether it is the third, or the second, or the first, the ruling is the same: if he intended divorce, she is divorced.
The Shaykh : First, we tell this husband that he made a mistake in wanting his wife to abort her pregnancy, for he has no right to force her to do so. Furthermore, if the pregnancy has reached this stage of three or four months, it is not permissible to abort it except for a confirmed harm.
And let him know that aborting the fetus, if it is after the soul has been breathed into it, is not permissible under any circumstances.
The questioner : Which is three months?
The Shaykh : Precisely. If it is after the soul has been breathed into it, it is not permissible to abort it under any circumstances, because the soul has been breathed into it, and aborting it leads to its killing and destruction. Even if it is said that the mother will die if this pregnancy is not aborted, we say: let her die, because if she dies, she dies by the action of whom?
The questioner : By the action of Allah.
The Shaykh : By the action of Allah. But if we abort the fetus and she dies because of it, then she has died by our action. It is well known that it is not permissible to kill one person to save another. Is this clear?
The second case: before the soul is breathed into it. There is no doubt that it differs according to the stage of the fetus's development. Initially, it is a drop of semen, which is the lightest. Then, when it becomes a clot, aborting it becomes more severe. Then, when it becomes a lump of flesh, aborting it becomes even more severe. This is the ruling on aborting the fetus.
So we tell this husband: You made a mistake in this action of forcing your wife to abort the fetus. And we tell the wife: You are not required to abort the pregnancy; rather, you have the right to disobey this husband. And if she does not abort it, does the divorce take effect on her or not?
This depends on the husband's intention. If his intention with this statement was to prevent her and to firmly prevent her from keeping the pregnancy in her womb, then she is not divorced. But if his intention was divorce, then she is divorced.
The questioner : With the knowledge that this is the third divorce.
The Shaykh : What?
The questioner : The third divorce for her.
The Shaykh : Whether it is the third, or the second, or the first, the ruling is the same: if he intended divorce, she is divorced.