Is the divorce of a pregnant woman valid?
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The questioner : Regarding the divorce of a pregnant woman, is this divorce valid?
The Shaykh : Yes, the divorce of a pregnant woman is permissible and takes effect. It is permissible even if a man has had intercourse with her before performing the ritual bath from major ritual impurity. This is based on the saying of Allah, Blessed and Exalted is He, in Surat al-Talaq:[At-Talaq 65:1] until He said: [At-Talaq 65:4] meaning the young girls, meaning that their waiting period is three months. Then He said: [At-Talaq 65:4].
On this occasion, I would like to state that a pregnant woman is the mother of those in the waiting period, in the sense that her waiting period ends with the delivery of her child, whether she is separated by divorce, annulment, the discovery of a defect in the marriage contract, or death. Any separation that entails a waiting period, if the woman is pregnant, her waiting period ends with the delivery of the child, whether the duration is long or short. Accordingly, if a man dies and his wife is pregnant, and then she gives birth before the deceased is washed, her waiting period ends and she becomes permissible for marriage. If she is divorced and gives birth immediately after her husband says to her, "You are divorced," her waiting period ends. Even if she gives birth one minute after he says, "You are divorced," her waiting period ends. If she is divorced and the child remains in her womb for one, two, three, or four years, she remains in her waiting period due to the generality of the saying of Allah, Blessed and Exalted is He:[At-Talaq 65:4]. And in "al-Sahihayn", it is narrated that Subay'ah al-Aslamiyyah gave birth a few nights after the death of her husband. The Prophet (peace and blessings be upon him) permitted her to marry. Yes.
The Shaykh : Yes, the divorce of a pregnant woman is permissible and takes effect. It is permissible even if a man has had intercourse with her before performing the ritual bath from major ritual impurity. This is based on the saying of Allah, Blessed and Exalted is He, in Surat al-Talaq:
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period
يا أيها النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّAnd those who no longer expect menstruation among your women - if you doubt, then their period is three months, and [also for] those who have not menstruated
وَاللَّائِي يَئِسْنَ مِنَ الْمَحِيضِ مِنْ نِسَائِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلاثَةُ أَشْهُرٍ وَاللَّائِي لَمْ يَحِضْنَAnd for those who are pregnant, their term is until they give birth
وَأُوْلاتُ الأَحْمَالِ أَجَلُهُنَّ أَنْ يَضَعْنَ حَمْلَهُنَّOn this occasion, I would like to state that a pregnant woman is the mother of those in the waiting period, in the sense that her waiting period ends with the delivery of her child, whether she is separated by divorce, annulment, the discovery of a defect in the marriage contract, or death. Any separation that entails a waiting period, if the woman is pregnant, her waiting period ends with the delivery of the child, whether the duration is long or short. Accordingly, if a man dies and his wife is pregnant, and then she gives birth before the deceased is washed, her waiting period ends and she becomes permissible for marriage. If she is divorced and gives birth immediately after her husband says to her, "You are divorced," her waiting period ends. Even if she gives birth one minute after he says, "You are divorced," her waiting period ends. If she is divorced and the child remains in her womb for one, two, three, or four years, she remains in her waiting period due to the generality of the saying of Allah, Blessed and Exalted is He: