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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on one who divorces his wife while she is pregnant and then takes her back after she gives birth

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Question:
Another letter regarding divorce. The listener (T.R. Ahmad), a Sudanese resident in the Kingdom, sent a letter stating: Eight years ago, I divorced my wife, and I was in a state of anger, although she was not present before me; rather, she was in her father’s house. She was seven months pregnant at the time, and I took her back after she gave birth. I heard on your program that the Sunnah divorce is when the wife is in a state of purity. I ask for your guidance: Does what I did previously count as a divorce, or not? And if it counts as a divorce, what should I do, given that my wife has been with me for eight years? May Allah reward you with good.

Answer:
If the situation is as you described, then one divorce takes effect on her, provided the anger was ordinary, did not become too intense, and did not alter his perception. In that case, one divorce takes effect. As for the requirement that she be in a state of purity, that applies if she is not pregnant. However, if she is pregnant, the divorce takes effect, the divorce takes effect, even if she is experiencing bleeding, as long as she is pregnant, even if she is not in a state of purity, and even if she is in a state of major ritual impurity.
The point of the discussion regarding purity is when she is not pregnant. A believer should not divorce except in a state of purity in which he has not had intercourse with her; this is the intent. She is not pregnant, and she is not a woman who no longer menstruates. He should not divorce except in a state of purity in which he has not had intercourse with her, because the Messenger of Allah (peace and blessings be upon him) disapproved of Ibn ‘Umar when he divorced his wife while she was menstruating, and ordered him to keep her until she menstruated, then became pure, and then to divorce her while she was pure, or pregnant, before he touched her, meaning: in the state of her not being pregnant.
As for if he had intercourse with her while she was pregnant, that does not prevent the divorce, even if he had intercourse with her while she was pregnant, or if she had bleeding that is not menstruation, and she is pregnant, because the blood of a pregnant woman is called bleeding, not menstruation, according to the correct view. A pregnant woman does not menstruate.
The point is that the divorce of a pregnant woman takes effect if the one divorcing is sane, with his mind intact, even if he was angry, provided the anger did not become so intense that it took him out of his perception and control of himself. If you took her back before she gave birth, then your taking her back is valid. However, if you took her back after she gave birth, the taking back is not valid, because she exited the waiting period by giving birth. If you divorced her during the pregnancy, then left her, and did not take her back until she gave birth, then you took her back while she was a stranger to you. So your remaining with her for this period was a mistake, and you must abstain from her, along with repenting to Allah the Exalted for that, because you did not ask. And you must, if you desire her and she desires you, renew the marriage with a new contract and a new bridal gift, because she is a stranger to you.
However, if you took her back before she gave birth... I said: I took my wife back, or I took my wife back, or something similar, before she gave birth; then she is your wife. And if you did not return her to the house until after she gave birth, if you testified, or told her that you took her back before she gave birth, or testified to that, then your taking her back is valid, even if she was with her family and you did not take her back until after she gave birth. But if you did not take her back at all, but remained silent and did not say anything until she gave birth, then by this she has exited the waiting period, and one divorce has passed for her. You have the right to return to her with a new marriage with its conditions considered valid by the Shari'ah, meaning: with the condition of her consent, and the remaining conditions. And you both must repent to Allah for this bad action, which is her remaining with you while you did not take her back until after she gave birth. This is if you did not divorce her except for the one divorce you mentioned.
However, if there were two divorces before this, she is forbidden to you by this last divorce, if there were two valid divorces before it. But if you did not divorce her except for this divorce that occurred from you while she was pregnant, then she is not forbidden to you by that, but the taking back is not valid except if it was before she gave birth. And Allah is the guarantor of success. 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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