The Ruling on Divorce Pronounced in Anger and Divorce Pronounced During Postpartum Bleeding
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Question:
At the beginning of this episode, we return to a letter from one of our female listeners. She says: Umm Khalid from Makkah al-Mukarramah. Umm Khalid, we presented a case of hers in a previous episode, and in this episode, she has some remaining issues to present to the Shaykh (may Allah preserve him). She says in one of them: A problem occurred between me and my husband, and he hit me on one night of Ramadan. He said to me while in a state of extreme anger: "You are sixty times divorced." No one heard these words except me. When we reconciled and I informed him about the divorce, he told me that it does not count as a divorce because he was in a state of extreme anger, and that he did not divorce me. After three years from the aforementioned problem, a disagreement occurred between me and him, and I was in a state of childbirth. He said to me: "You are sixty times divorced." When I informed him of this after that state, he also said that he did not divorce me because he was in a state of anger. I want to inform you that I am a solitary woman, cut off from my family tree. If I have become divorced, or if I am divorced from him, can I live with him in the same house, but each of us remains a stranger to the other, solely for the sake of my children, until Allah makes things easy for me? I ask you to issue a ruling on this. May Allah reward you with good.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon whoever follows his guidance. As for what follows:
We have previously mentioned to you that it is obligatory for you to refrain from him and not allow him access to you, as long as he does not pray; he is a disbeliever, and he has no right over you to enjoy you.
As for the divorce that came from him, if his anger became intense and he did not know what he was saying due to the intensity of the anger in the first and second instances, then the divorce does not take effect, if it was an intense anger that changed his perception due to the length of the dispute between you and him until his anger intensified and his perception changed; then the divorce does not take effect.
However, if it was a mild anger that did not change his perception and did not become so intense that it closed off his mind, then the divorce takes effect. This requires that he consult the scholars of knowledge. And all of this is after his repentance to Allah, after his repentance from abandoning prayer. As for you now, he must not approach you ever until he repents to Allah from abandoning prayer.
And as for the last divorce during postpartum bleeding, it also does not take effect; if it was during postpartum bleeding after she had become pure from the postpartum bleeding, then it does not take effect. It is for two causes: the intensity of the anger, and the fact that it was during postpartum bleeding.
As for the first one, if his perception changed due to the length of the dispute and the words between you and him, and the intensity of the anger that necessitated that he hit you, and his perception changed, then the divorce does not take effect. As for moderate anger that does not have an intensity that closes off his perception and causes him to lose his mind, then the divorce takes effect with it.
So you should contact the court and inform them of the reality, so that the court can look into the matter, and so that they can prevent him from you, and so that they can establish the limit of Allah upon him for abandoning prayer. And if he repents, may Allah accept his repentance. We ask Allah for his guidance.
The presenter : May Allah accept it.
At the beginning of this episode, we return to a letter from one of our female listeners. She says: Umm Khalid from Makkah al-Mukarramah. Umm Khalid, we presented a case of hers in a previous episode, and in this episode, she has some remaining issues to present to the Shaykh (may Allah preserve him). She says in one of them: A problem occurred between me and my husband, and he hit me on one night of Ramadan. He said to me while in a state of extreme anger: "You are sixty times divorced." No one heard these words except me. When we reconciled and I informed him about the divorce, he told me that it does not count as a divorce because he was in a state of extreme anger, and that he did not divorce me. After three years from the aforementioned problem, a disagreement occurred between me and him, and I was in a state of childbirth. He said to me: "You are sixty times divorced." When I informed him of this after that state, he also said that he did not divorce me because he was in a state of anger. I want to inform you that I am a solitary woman, cut off from my family tree. If I have become divorced, or if I am divorced from him, can I live with him in the same house, but each of us remains a stranger to the other, solely for the sake of my children, until Allah makes things easy for me? I ask you to issue a ruling on this. May Allah reward you with good.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon whoever follows his guidance. As for what follows:
We have previously mentioned to you that it is obligatory for you to refrain from him and not allow him access to you, as long as he does not pray; he is a disbeliever, and he has no right over you to enjoy you.
As for the divorce that came from him, if his anger became intense and he did not know what he was saying due to the intensity of the anger in the first and second instances, then the divorce does not take effect, if it was an intense anger that changed his perception due to the length of the dispute between you and him until his anger intensified and his perception changed; then the divorce does not take effect.
However, if it was a mild anger that did not change his perception and did not become so intense that it closed off his mind, then the divorce takes effect. This requires that he consult the scholars of knowledge. And all of this is after his repentance to Allah, after his repentance from abandoning prayer. As for you now, he must not approach you ever until he repents to Allah from abandoning prayer.
And as for the last divorce during postpartum bleeding, it also does not take effect; if it was during postpartum bleeding after she had become pure from the postpartum bleeding, then it does not take effect. It is for two causes: the intensity of the anger, and the fact that it was during postpartum bleeding.
As for the first one, if his perception changed due to the length of the dispute and the words between you and him, and the intensity of the anger that necessitated that he hit you, and his perception changed, then the divorce does not take effect. As for moderate anger that does not have an intensity that closes off his perception and causes him to lose his mind, then the divorce takes effect with it.
So you should contact the court and inform them of the reality, so that the court can look into the matter, and so that they can prevent him from you, and so that they can establish the limit of Allah upon him for abandoning prayer. And if he repents, may Allah accept his repentance. We ask Allah for his guidance.
The presenter : May Allah accept it.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
