The Book of Marriage, Breastfeeding, Divorce, Mutual Oath-Swearing, and Manumission-08b
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The reader: Yahya ibn Yahya, Qutaybah, and Ibn Rumh narrated to us, and the wording is that of Yahya. Qutaybah said: Layth narrated to us. The other two said: Al-Layth ibn Sa'd informed us, from Nafi', from Abdullah Sahih Muslim 1471b And Ibn Rumh added in his narration Sunan ad-Daraqutni 16:66 Muslim said: "Al-Layth’s excellence in his statement 'a single divorce'".
The Shaykh : Where is this? His statement "he divorced his wife while she was menstruating with a single divorce" means not more than that, because increasing beyond one is forbidden. It is not permissible for a person to divorce more than once, meaning it is not permissible to say "You are divorced, you are divorced," which is forbidden. Nor is it permissible to say "You are divorced, you are divorced, you are divorced," which is also forbidden. This is the stronger opinion in the issue of two divorces, that it is forbidden, because a person restricts what was spacious for himself, and because the divorce commanded was a single divorce, and increasing beyond that is not allowed. Some scholars say that two divorces are disliked, and they call it an innovation in their view, and that three are forbidden. The correct view is that divorce in excess of one is forbidden. Yes, let them complete the wording.
Abdullah (b. 'Umar) reported that he divorced a wife of his with the pronouncement of one divorce during the period of menstruation. Allah's Messenger (ﷺ) commanded him to take her back and keep her until she was purified, and then she entered the period of menses in his (house) for the second time. And he should wait until she was purified of her menses. And then if he would decide to divorce her, he should do so when she was purified before having a sexual intercourse with her; for that was the 'Idda which Allah had commanded for the divorce of women.
أنه طلق امرأة له وهي حائض تطليقة واحدة فأمره رسول الله صلى الله عليه وسلم أن يراجعها ثم يمسكها حتى تطهر ثم تحيض عنده حيضة أخرى ثم يمهلها حتى تطهر من حيضتها فإن أراد أن يطلقها فليطلقها حين تطهر من قبل أن يجامعها فتلك العدة التي أمر الله أن يطلق لها النساءAnd Abdullah, when asked about that, would say to one of them: If you divorced your wife once or twice, then the Messenger of Allah (peace and blessings be upon him) ordered me to do this. But if you divorced her three times, she has become forbidden to you until she marries another husband, and you have disobeyed Allah in what He commanded you regarding the divorce of your wife.
وكان عبد الله إذا سئل عن ذلك قال لأحدهم أما أنت طلقت امرأتك مرة أو مرتين فإن رسول الله صلى الله عليه وسلم أمرني بهذا وإن كنت طلقتها ثلاثا فقد حرمت عليك حتى تنكح زوجا غيرك وعصيت الله فيما أمرك من طلاق امرأتكThe Shaykh : Where is this? His statement "he divorced his wife while she was menstruating with a single divorce" means not more than that, because increasing beyond one is forbidden. It is not permissible for a person to divorce more than once, meaning it is not permissible to say "You are divorced, you are divorced," which is forbidden. Nor is it permissible to say "You are divorced, you are divorced, you are divorced," which is also forbidden. This is the stronger opinion in the issue of two divorces, that it is forbidden, because a person restricts what was spacious for himself, and because the divorce commanded was a single divorce, and increasing beyond that is not allowed. Some scholars say that two divorces are disliked, and they call it an innovation in their view, and that three are forbidden. The correct view is that divorce in excess of one is forbidden. Yes, let them complete the wording.