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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on the one who says to his wife: Consider yourself divorced

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Question:
He says: The same person who asked the previous question said: In one of his quarrels with his wife, he said to her: Consider yourself divorced or separated. Is this a divorce? And what is its ruling if it is a divorce? And does he have an expiation? May Allah reward you with good.

Answer:
It is considered a divorce, and there is no expiation for it. It is considered a divorce. If it was the third, the three are completed, she is separated from him, and she is forbidden to him until she marries another husband. As for if this was the first or the second, he has the right to take her back as long as she is in the waiting period; for the saying of Allah, the Exalted:
Divorce is twiceالطَّلاقُ مَرَّتَانِ
the verse [al-Baqarah: 229]. But when this divorce is the third, she is forbidden to him until she marries another husband; for His saying, the Exalted:
If he divorces herفَإِنْ طَلَّقَهَا
[al-Baqarah: 230], meaning: the third
she is not lawful to him afterward until [after] she marries a husband other than himفَلا تَحِلُّ لَهُ مِنْْ بَعْدُ حَتَّى تَنكِحَ زَوْجًا غَيْرَهُ
[al-Baqarah: 230], except if a preventer stops the divorce from occurring during menstruation, or post-natal bleeding, or in a period of purity in which he had intercourse with her. The correct view is that this does not occur; due to the hadith of Ibn 'Umar in the two Sahihs that he divorced his wife while she was menstruating, so the Prophet (peace and blessings be upon him) ordered him to take her back and said to him:
When she becomes pure, then divorce her, or hold herإذا طهرت؛ فطلقها، أو أمسك
.
The point is: The default for divorce is that it occurs, except if there is a preventer, such as if he divorces her during her menstruation, or post-natal bleeding, and he knows that, he knows that she is in menstruation, or post-natal bleeding, or in a period of purity in which he had intercourse with her and she is not pregnant, and not a woman who has passed the age of menstruation; then this does not occur on the correct view, except if a judge rules on it. If a judge rules on it, it occurs; because the judge's ruling resolves the disagreement.
And it is obligatory for the Muslim not to divorce except with knowledge, in a period of purity in which he did not have intercourse with her, or during pregnancy, so that he does not fall into what contradicts the Shari'ah. Rather, he should be careful in the matter if he wants to divorce; he should be careful in the matter, and not hasten. If she is in a period of purity in which he did not have intercourse with her, or during pregnancy, this is the divorce .... ..... does not exceed one divorce. The Sunnah is only one divorce, one divorce only, so that he can take her back if he wants, except if it is the third, for the third has no taking back after it, as mentioned before. And if he knows that she is menstruating, or in post-natal bleeding, he does not divorce. He holds back until she becomes pure, or if she is in a period of purity in which he had intercourse with her; he holds back until she menstruates, then becomes pure; because the Prophet (peace and blessings be upon him) ordered Ibn 'Umar with this when he informed him that he divorced her while she was menstruating. The Prophet (peace and blessings be upon him) was angry with him and the Prophet (peace and blessings be upon him) said to his father 'Umar:
Narrated Ibn 'Umar (RA): In the time of Allah's Messenger (ﷺ), he divorced his wife while she was menstruating, so 'Umar asked Allah's Messenger (ﷺ) about that and he replied, "Command him to take her back and keep her till she is purified (from menses), has another period, and is then purified. If he then wishes he may keep her and if he wishes he may divorce her before having intercourse with her. That is the 'Iddah (period of waiting) which Allah commanded for the divorce of women." [Agreed upon].مره فليراجعها، ثم ليمسكها حتى تطهر، ثم تحيض، ثم تطهر، ثم إن شاء طلق قبل أن يمس
Bulugh al-Maram 8:120
And that is the waiting period that Allah ordered women to be divorced in.
This waiting period that Allah ordered women to be divorced in is to be in a period of purity in which there is no intercourse, or during pregnancy. This is the lawful divorce.
So the conditions are five:
The state of menstruation, or post-natal bleeding, or a period of purity in which he had intercourse with her, and she is not pregnant, and not a woman who has passed the age of menstruation. In these three states, he does not divorce. It is not permissible for him to divorce in them. The fourth state: that she is in a period of purity in which he did not have intercourse, and she is not pregnant. If he divorces in this, there is no harm. It is a lawful divorce. The fifth state: that she is pregnant; then there is no harm in divorcing during pregnancy, due to the saying of the Prophet (peace and blessings be upon him) to Ibn 'Umar:
divorce her while she is pure or pregnantطلقها طاهرًا أو حاملًا
Jami` at-Tirmidhi 1176Sahih (Darussalam)
But he does not divorce her more than once. The Sunnah is only one, so that if he takes her back, he takes her back. Then if he wants to divorce a second time, he divorces her one second time only, not more, so that he does not restrict himself. Then if he wishes, he takes her back, or does not take her back after the second. Then the third comes, and it is the end.
And it is obligatory for the believer to reflect on this matter, and to be careful with the Shari'ah, not to be lax. Rather, he divorces as Allah ordered him, and takes her back as Allah ordered him, and stays away from what Allah has forbidden in his divorce, and in other matters. This is how the Muslim looks at what Allah has made obligatory upon him, and what Allah has forbidden upon him, and what Allah has permitted for him. He remains upright on the straight path in his action and his leaving, and in his speech and his work; because he is a servant who is commanded. He must follow the Shari'ah of Allah in that. Yes.

The presenter : May Allah reward you with good.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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