Discussion on witnessing in divorce.
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The Shaykh : ... and the apparent meaning of the verse.
The questioner : ... .
The Shaykh : ... the beginning of the verse, because ... .
The questioner :[At-Talaq 65:1] ، [At-Talaq 65:2] .
The Shaykh : ... witnessing in divorce ... in the verse.
The questioner :[At-Talaq 65:1] .
The Shaykh : ... more complete.
The questioner :[At-Talaq 65:1] ، [At-Talaq 65:1] .
The Shaykh : ... it contains the word "returning" (ij'ah), Professor. The verse contains the word "returning," but the verse in its generality also covers our topic. There is no god but Allah.
The questioner : ... yes, indeed[At-Talaq 65:2] .
The Shaykh : ... this is the second, meaning.
The Shaykh: Yes.
The Shaykh : So the important point is that witnessing is mentioned in the Sunnah in the hadith of 'Imran, and the context of the verse supports this. I said that witnessing in divorce is, in terms of meaning, more important than witnessing in marriage, because divorce is to marriage what demolition is to construction. A man marries a woman and ... upon her, and witnesses, and so on, and then he decides to divorce. He is told, "Wait," because here there is the divorce of a construction ... and for this reason we find the Sunnah ... very much in the system of divorce, where it divided divorce into three categories: one that takes effect and one that does not take effect. And this one that does not take effect, if I may express it that way, is divided into two categories: excuse me, the first is that the divorce that takes effect is divided into two categories: it takes effect with sin, and it does not take effect; it takes effect with sin, and it does not take effect with sin, but rather it is a divorce. And regarding the first type, and as the saying goes, "like is mentioned with like," the divorce that takes effect with sin carries the reported hadith - also - in "Sunan Abu Dawud," but with a weak chainSunan Ibn Majah 2018Sahih (Darussalam) This is a weak hadith, but if there is a lawful matter that is hated by Allah - Mighty and Majestic - it is the forbidden divorce.
The questioner : ... .
The Shaykh : ... the beginning of the verse, because ... .
The questioner :
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period, and fear Allah, your Lord. Do not turn them out of their [husbands'] houses, nor should they [themselves] leave [during that period] unless they are committing a clear immorality. And those are the limits [set by] Allah. And whoever transgresses the limits of Allah has certainly wronged himself. You know not; perhaps Allah will bring about after that a [different] matter.
يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا الْعِدَّةَ وَاتَّقُوا اللَّهَ رَبَّكُمْ لَا تُخْرِجُوهُنَّ مِنْ بُيُوتِهِنَّ وَلَا يَخْرُجْنَ إِلَّا أَنْ يَأْتِينَ بِفَاحِشَةٍ مُبَيِّنَةٍ وَتِلْكَ حُدُودُ اللَّهِ وَمَنْ يَتَعَدَّ حُدُودَ اللَّهِ فَقَدْ ظَلَمَ نَفْسَهُ لَا تَدْرِي لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَلِكَ أَمْرًاAnd bring to witness two just men from among you and establish the testimony for [the acceptance of] Allah
وَأَشْهِدُوا ذَوَيْ عَدْلٍ مِنْكُمْ وَأَقِيمُوا الشَّهَادَةَ لِلَّهِThe Shaykh : ... witnessing in divorce ... in the verse.
The questioner :
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period
يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّThe Shaykh : ... more complete.
The questioner :
Do not turn them out of their [husbands'] houses, nor should they [themselves] leave [during that period] unless they are committing a clear immorality. And those are the limits [set by] Allah. And whoever transgresses the limits of Allah has certainly wronged himself. You know not; perhaps Allah will bring about after that a [different] matter.
لا تُخْرِجُوهُنَّ مِن بُيُوتِهِنَّ وَلا يَخْرُجْنَ إِلاَّ أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ وَتِلْكَ حُدُودُ اللَّهِ وَمَن يَتَعَدَّ حُدُودَ اللَّهِ فَقَدْ ظَلَمَ نَفْسَهُ لا تَدْرِي لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَلِكَ أَمْرًاwhen you [Muslims] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period, and fear Allah, your Lord. Do not turn them out of their [husbands'] houses
إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا الْعِدَّةَ وَاتَّقُوا اللَّهَ رَبَّكُمْ لَا تُخْرِجُوهُنَّ مِنْ بُيُوتِهِنَّThe Shaykh : ... it contains the word "returning" (ij'ah), Professor. The verse contains the word "returning," but the verse in its generality also covers our topic. There is no god but Allah.
The questioner : ... yes, indeed
And when they have [nearly] fulfilled their term, either retain them according to acceptable terms or part with them according to acceptable terms. And bring to witness two just men from among you and establish the testimony for [the acceptance of] Allah
فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ أَوْ فَارِقُوهُنَّ بِمَعْرُوفٍ وَأَشْهِدُوا ذَوَيْ عَدْلٍ مِنْكُمْ وَأَقِيمُوا الشَّهَادَةَ لِلَّهِThe Shaykh : ... this is the second, meaning.
The Shaykh: Yes.
The Shaykh : So the important point is that witnessing is mentioned in the Sunnah in the hadith of 'Imran, and the context of the verse supports this. I said that witnessing in divorce is, in terms of meaning, more important than witnessing in marriage, because divorce is to marriage what demolition is to construction. A man marries a woman and ... upon her, and witnesses, and so on, and then he decides to divorce. He is told, "Wait," because here there is the divorce of a construction ... and for this reason we find the Sunnah ... very much in the system of divorce, where it divided divorce into three categories: one that takes effect and one that does not take effect. And this one that does not take effect, if I may express it that way, is divided into two categories: excuse me, the first is that the divorce that takes effect is divided into two categories: it takes effect with sin, and it does not take effect; it takes effect with sin, and it does not take effect with sin, but rather it is a divorce. And regarding the first type, and as the saying goes, "like is mentioned with like," the divorce that takes effect with sin carries the reported hadith - also - in "Sunan Abu Dawud," but with a weak chain
The most hated of permissible things to Allah is divorce.
أبغضُ الحلال إلى الله الطَّلاق
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.