The Ruling on Divorce During Menstruation or in the Period of Purity in Which Intercourse Took Place, and Divorce Pronounced in Anger
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Question: What is the ruling on divorce during menstruation and in the period of purity in which the man had intercourse with his wife? And what about swearing an oath of divorce? And divorce pronounced in anger?
Answer: From Abdulaziz ibn Abdullah ibn Baz to the honorable brother, the virtuous Shaykh M. S. A., may Allah guide him to all good, amen.
Peace be upon you, and Allah's mercy and blessings. After that:
Your noble letter, dated 10/12/1389 AH, has reached you, may Allah guide you, and what it contained regarding your desire to know my opinion on the ruling of divorce during menstruation and in the period of purity in which the man had intercourse with his wife? And swearing an oath of divorce? And divorce pronounced in anger?.. etc., was known.
The answer: What I see regarding divorce during menstruation and in the period of purity in which intercourse took place, and what I issue a ruling on, is: that the divorce takes effect for two reasons: The first is the hadith of Ibn Umar, and that the divorce count is calculated against him.
The second is that I do not know in any of the hadiths that the Prophet (peace and blessings be upon him) inquired of the one who divorced, when asked about the divorce, whether he divorced during menstruation or in a period of purity in which he had intercourse. If the ruling were different, inquiry would have been obligatory. I do not know that I issued a ruling that it does not take effect except once, and I continue to seek further evidence for its taking effect or not taking effect. A student of knowledge should always be seeking the truth with its evidence until he meets his Lord (Glorified and Exalted is He).
As for swearing an oath of divorce, I used to issue a ruling in the past that it takes effect, but it became clear to me recently, about a year or a little more, that it does not take effect, and I have issued this ruling many times if the one who divorced did not intend to effect the divorce when the condition occurred, but intended another meaning, such as urging, preventing, affirming, or denying. It is not hidden that this is the choice of Shaykh al-Islam Ibn Taymiyyah and his student, the scholar Ibn al-Qayyim, may Allah have mercy on them both.
As for divorce pronounced in anger, what I issue a ruling on is that it takes effect unless the anger becomes intense to the point of altering consciousness, or the one who divorced states that he does not know what came out of him except by the words of those present with him.
As for the difference between saying that divorce takes effect during menstruation and in the period of purity in which intercourse took place, and saying that the three divorces pronounced by the husband in a single phrase do not take effect, it is: that the text came explicitly regarding the non-effectiveness of the three, and that they were counted as one in the time of the Prophet (peace and blessings be upon him), the time of Abu Bakr (may Allah be pleased with him), and the early time of Umar (may Allah be pleased with him). And such a text did not come regarding divorce during menstruation and in the period of purity in which intercourse took place. Since the hadith regarding the non-effectiveness of the three is not explicit regarding the non-effectiveness of the three separate divorces, I understood it to apply when they are pronounced in a single phrase; because that is the least it indicates; and because Ibn Abbas (may Allah be pleased with him and his father) issued a ruling on that in the narration that came from him regarding the non-effectiveness of the three; and because I have not found from any of the Salaf up to this time an explicit phrase indicating that the three separate divorces do not take effect.
This is a summary of what I have on the subject. If it becomes clear to your virtue something contrary to what I mentioned, with evidence you are reassured by, I hope you will inform me of it; because the truth is the lost property of the believer, and benefit is sought from me and from you, and from every student of knowledge who seeks the truth. May Allah guide me and you, and all our brothers, to hit the mark of the truth in speech and action and to remain firm upon it. He is the best of those asked.
Answer: From Abdulaziz ibn Abdullah ibn Baz to the honorable brother, the virtuous Shaykh M. S. A., may Allah guide him to all good, amen.
Peace be upon you, and Allah's mercy and blessings. After that:
Your noble letter, dated 10/12/1389 AH, has reached you, may Allah guide you, and what it contained regarding your desire to know my opinion on the ruling of divorce during menstruation and in the period of purity in which the man had intercourse with his wife? And swearing an oath of divorce? And divorce pronounced in anger?.. etc., was known.
The answer: What I see regarding divorce during menstruation and in the period of purity in which intercourse took place, and what I issue a ruling on, is: that the divorce takes effect for two reasons: The first is the hadith of Ibn Umar, and that the divorce count is calculated against him.
The second is that I do not know in any of the hadiths that the Prophet (peace and blessings be upon him) inquired of the one who divorced, when asked about the divorce, whether he divorced during menstruation or in a period of purity in which he had intercourse. If the ruling were different, inquiry would have been obligatory. I do not know that I issued a ruling that it does not take effect except once, and I continue to seek further evidence for its taking effect or not taking effect. A student of knowledge should always be seeking the truth with its evidence until he meets his Lord (Glorified and Exalted is He).
As for swearing an oath of divorce, I used to issue a ruling in the past that it takes effect, but it became clear to me recently, about a year or a little more, that it does not take effect, and I have issued this ruling many times if the one who divorced did not intend to effect the divorce when the condition occurred, but intended another meaning, such as urging, preventing, affirming, or denying. It is not hidden that this is the choice of Shaykh al-Islam Ibn Taymiyyah and his student, the scholar Ibn al-Qayyim, may Allah have mercy on them both.
As for divorce pronounced in anger, what I issue a ruling on is that it takes effect unless the anger becomes intense to the point of altering consciousness, or the one who divorced states that he does not know what came out of him except by the words of those present with him.
As for the difference between saying that divorce takes effect during menstruation and in the period of purity in which intercourse took place, and saying that the three divorces pronounced by the husband in a single phrase do not take effect, it is: that the text came explicitly regarding the non-effectiveness of the three, and that they were counted as one in the time of the Prophet (peace and blessings be upon him), the time of Abu Bakr (may Allah be pleased with him), and the early time of Umar (may Allah be pleased with him). And such a text did not come regarding divorce during menstruation and in the period of purity in which intercourse took place. Since the hadith regarding the non-effectiveness of the three is not explicit regarding the non-effectiveness of the three separate divorces, I understood it to apply when they are pronounced in a single phrase; because that is the least it indicates; and because Ibn Abbas (may Allah be pleased with him and his father) issued a ruling on that in the narration that came from him regarding the non-effectiveness of the three; and because I have not found from any of the Salaf up to this time an explicit phrase indicating that the three separate divorces do not take effect.
This is a summary of what I have on the subject. If it becomes clear to your virtue something contrary to what I mentioned, with evidence you are reassured by, I hope you will inform me of it; because the truth is the lost property of the believer, and benefit is sought from me and from you, and from every student of knowledge who seeks the truth. May Allah guide me and you, and all our brothers, to hit the mark of the truth in speech and action and to remain firm upon it. He is the best of those asked.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.