The Ruling on Divorce During Pregnancy
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Question: A man divorced his wife while she was pregnant, then took her back after she gave birth. Then he divorced her during a period of purity in which he did not have intercourse with her, and took her back. Then he divorced her while she was pregnant?
Answer: From Abdulaziz ibn Abdullah ibn Baz to the honorable brother A. I., may Allah guide him to all good, amen.
Peace be upon you, and Allah’s mercy and blessings, and after that:
Your letter dated 22/8/1393 AH has arrived, may Allah guide you. The information it contained regarding a man who divorced his wife while she was pregnant, then took her back after she gave birth, then divorced her during a period of purity in which he did not have intercourse with her, and took her back, then divorced her while she was pregnant, and your request for a ruling, was known.
The answer: I see that the woman mentioned is not lawful for the husband mentioned until she marries another husband, a marriage of desire, not a marriage for the purpose of facilitating remarriage, and he must have intercourse with her, because he has exhausted the three divorces at separate times.
As for your statement that the first divorce was an innovated divorce, that is not correct; because it occurred while she was pregnant. Divorcing a woman while she is pregnant or during a period of purity in which he did not have intercourse with her is in accordance with the Sunnah. Then, the innovated divorce occurs according to the majority of scholars, along with sin, because it is well known that Ibn Umar (may Allah be pleased with him and his father) counted the divorce that occurred from him during menstruation, as al-Bukhari narrated in the Sahih. May Allah guide everyone to understanding the religion and steadfastness upon it, for He is the best of those asked, and may peace and the mercy of Allah and His blessings be upon you.
President of the Islamic University in the Holy City of Madinah
Answer: From Abdulaziz ibn Abdullah ibn Baz to the honorable brother A. I., may Allah guide him to all good, amen.
Peace be upon you, and Allah’s mercy and blessings, and after that:
Your letter dated 22/8/1393 AH has arrived, may Allah guide you. The information it contained regarding a man who divorced his wife while she was pregnant, then took her back after she gave birth, then divorced her during a period of purity in which he did not have intercourse with her, and took her back, then divorced her while she was pregnant, and your request for a ruling, was known.
The answer: I see that the woman mentioned is not lawful for the husband mentioned until she marries another husband, a marriage of desire, not a marriage for the purpose of facilitating remarriage, and he must have intercourse with her, because he has exhausted the three divorces at separate times.
As for your statement that the first divorce was an innovated divorce, that is not correct; because it occurred while she was pregnant. Divorcing a woman while she is pregnant or during a period of purity in which he did not have intercourse with her is in accordance with the Sunnah. Then, the innovated divorce occurs according to the majority of scholars, along with sin, because it is well known that Ibn Umar (may Allah be pleased with him and his father) counted the divorce that occurred from him during menstruation, as al-Bukhari narrated in the Sahih. May Allah guide everyone to understanding the religion and steadfastness upon it, for He is the best of those asked, and may peace and the mercy of Allah and His blessings be upon you.
President of the Islamic University in the Holy City of Madinah
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.