Mentioning the many restrictions the Shari'ah has established for the execution of divorce.

The questioner : ... . .

The Shaykh : Yes, indeed. The point is that among the wisdom of the Wise Lawgiver is that He placed many, very many restrictions before the one who divorces, because of the consequences that may lead the divorcer to regret it. I said that He established conditions, all of which are contrary to the Sunnah if one divorces in that manner. However, some of these conditions, if one divorces under them, the divorce takes effect, such as divorcing a menstruating woman. As for the other conditions, if one pronounces the divorce, it is not considered to have taken effect except within the limits of what the Sunnah has established. For example, the Qur'anic text, which is the primary reference in this matter, did not make divorce a single, final severance. Rather, it made it if he divorces her, meaning in the third instance.

The questioner : .

The Shaykh So, he divorced her a lawful divorce that has taken effect, and he has a period in which he can take her back. But even so, He told him: if you are going to divorce her, look before you divorce her. Think: is she menstruating? This is the divorce... This is all, as they say today, like throwing a stick at a stone, meaning, rein in your self, do not divorce in a fit of anger without thinking. Think about your wife: is she menstruating or in a state of purity? What is the difference? If she is menstruating, it is forbidden for you to divorce her. Think... So, where is the one who thinks? It is very, very rare, because first, ignorance of Islamic jurisprudence in general is the norm among people. Second, and this is more important, ignorance of Sunni jurisprudence is the norm among people. Therefore... because it does not exist. So, if we assume that a person thinks about divorce and finds his wife is menstruating, he reins in his self and does not divorce her to avoid violating... But let us assume he finds her in a state of purity. Then the Shari'ah tells him to think: did you have intercourse with her during this period of purity? Yes, because the nature of a man with his wife is that he hardly waits for her to become pure before he comes to her. So, it is not permissible for you to divorce her while she is in a state of purity and you have had intercourse with her. In the first case, if she is menstruating, he must be patient until she becomes pure. And he must be patient not to come to her. In the second case, if he came to her and wants to divorce her, he must wait about a month until she becomes pure, then menstruates, then becomes pure again. All of these are obstacles. In the language of implication, the Lawgiver is telling him: do not hasten in the matter of divorce, because the consequence... Likewise, the innovative divorce, but it takes effect if one combines the three divorces in one pronouncement: "I divorce you three times," as some ignorant people say... from pre-Islamic speech. So, he divorced her three times, but it is one divorce contrary to the Sunnah, without a doubt. So, the discussion returns to the one who made the divorce conditional... Based on our observation of the wisdom of the Wise Lawgiver in organizing divorce with this precise organization, we say that regarding conditional divorce, the intention of the one making it conditional and the nature of the condition must be considered. Finally, if the condition has occurred, we say that witnessing is necessary, because witnessing is what settles the matter, so that there is no room left for "I divorced her" or "I did not divorce her." This often leads to disputes among relatives themselves: "I did not divorce her," "I did divorce her," and so on. So, witnessing is... the matter that this divorce has taken effect... Professor.

The questioner : ... .

The Shaykh : ... .

The questioner : But witnessing, my Shaykh, is...

The Shaykh: Yes.

The questioner : Do you think mere hearing is sufficient, or must the listeners of the words of divorce have... or is mere hearing sufficient?

The Shaykh : Your question is extremely precise, but your intention is understood. As for their presence, no...

The questioner : ... .