Does divorce during post-natal bleeding take effect?
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The Shaykh : Similarly, the issue of divorce during post-natal bleeding—whether it is forbidden or permissible—has confused some people, even some scholars. Some people say it is forbidden, even students of knowledge, and this is a mistake; it is not forbidden. The saying of the Prophet (peace and blessings be upon him) in the case of Ibn 'Umar: "Purified from what? From menstruation."
The reason divorce during menstruation is forbidden is that it is not a divorce for the waiting period, because the menstrual cycle in which the divorce occurred is not counted in the waiting period, so it is a divorce not for the waiting period. But in the case of post-natal bleeding, if he divorces her during post-natal bleeding, he has divorced her for a waiting period, because this post-natal bleeding is not counted in the waiting period; it is as if he divorced her while she was purified. So understand the difference. This is one of the differences between menstruation and post-natal bleeding, as we have mentioned: it is permissible to divorce during post-natal bleeding, but it is not permissible during menstruation, because the basis of the prohibition rests on His saying, the Exalted:[At-Talaq 65:1] The time is up, O Muhammad.
The reader: Our Shaykh (may Allah preserve him) said: "And the Salaf continued to dispute over many of these issues, and none of them declared another a disbeliever, an open sinner, or a sinner. He mentioned examples, then said: 'And I used to clarify that what is transmitted from the Salaf and the imams regarding the general statement of declaring a disbeliever anyone who says such and such is also true, but it is necessary to distinguish between generalization and specific designation. He went on to say: 'And declaring someone a disbeliever is a matter of threat. Even if the statement is a denial of what Allah and His Messenger (peace and blessings be upon him) said, the man may be a recent convert to Islam, or he may have grown up in a remote desert. Such a person is not declared a disbeliever for denying what he denies until the proof is established against him. And the man may not have heard those texts, or he may have heard them but they were not established for him, or he may have had another opposing factor that necessitated his figurative interpretation, even if he was mistaken. And I always used to say...'"
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
Good, solid, and important speech.
Then let him divorce her, whether she is divorced or pregnant.
ثم ليطلقها طالقا أو حاملاThe reason divorce during menstruation is forbidden is that it is not a divorce for the waiting period, because the menstrual cycle in which the divorce occurred is not counted in the waiting period, so it is a divorce not for the waiting period. But in the case of post-natal bleeding, if he divorces her during post-natal bleeding, he has divorced her for a waiting period, because this post-natal bleeding is not counted in the waiting period; it is as if he divorced her while she was purified. So understand the difference. This is one of the differences between menstruation and post-natal bleeding, as we have mentioned: it is permissible to divorce during post-natal bleeding, but it is not permissible during menstruation, because the basis of the prohibition rests on His saying, the Exalted:
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period
يا أيها النبي إذا طلقتم النساء فطلقوهن لعدتهنThe reader: Our Shaykh (may Allah preserve him) said: "And the Salaf continued to dispute over many of these issues, and none of them declared another a disbeliever, an open sinner, or a sinner. He mentioned examples, then said: 'And I used to clarify that what is transmitted from the Salaf and the imams regarding the general statement of declaring a disbeliever anyone who says such and such is also true, but it is necessary to distinguish between generalization and specific designation. He went on to say: 'And declaring someone a disbeliever is a matter of threat. Even if the statement is a denial of what Allah and His Messenger (peace and blessings be upon him) said, the man may be a recent convert to Islam, or he may have grown up in a remote desert. Such a person is not declared a disbeliever for denying what he denies until the proof is established against him. And the man may not have heard those texts, or he may have heard them but they were not established for him, or he may have had another opposing factor that necessitated his figurative interpretation, even if he was mistaken. And I always used to say...'"
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
Good, solid, and important speech.