The ruling on a woman who frequently demands divorce from her husband
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Question:
Your Eminence is being asked about a woman who constantly demands divorce from her husband. What is your guidance for her and those like her? May Allah reward you with good.
Answer:
If she is wronged, or if he wrongs her and transgresses against her, she is excused. However, if she demands divorce without cause, it is not permissible for her to do so. The Prophet (peace and blessings be upon him) said:Musannaf Ibn Abi Shaybah 8:1348. It is not permissible for her to demand divorce without a legal cause. It is obligatory for her to be patient, to seek reward from Allah, and not to demand divorce.
However, if there is a cause—because he angers her and harms her, or because he openly commits open sinfulness and consumes intoxicants, or because she does not love him in her heart but rather hates him greatly and cannot bear to be patient—then there is no harm. This is like what the wife of Thabit ibn Qays did; she asked the Prophet (peace and blessings be upon him) to separate her from him. The Prophet (peace and blessings be upon him) asked her about it, and she said: "I cannot stand him out of hatred. I cannot stand him out of hatred." He said to her (peace and blessings be upon him):. The cause is that she cannot remain with him because of the hatred, and life with hatred does not go well.
Therefore, she is required to return the bridal gift. If she returns the bridal gift, he must divorce her. And Allah the Exalted says: [Surat al-Nisa: 130].
Likewise, if he consumes intoxicants, or if he is known for being lax regarding unlawful sexual intercourse and engaging in obscenity, she has an excuse, because remaining with him harms her.
However, if he does not pray, it is not permissible for her to remain with him. If he does not pray, it is obligatory for her to refuse him and not allow him access to herself; because abandoning the ritual prayer is major shirk (associating partners with Allah) according to the correct opinion, even if he does not deny its obligation. This is based on the saying of the Prophet (peace and blessings be upon him):, and his saying (peace and blessings be upon him): Sunan Ibn Majah 1079Sahih (Darussalam). The matter is grave. So if he does not pray, she is not to remain with him. We ask Allah for well-being and safety. Yes.
The presenter : May Allah reward you with good, and may He do you good.
Your Eminence is being asked about a woman who constantly demands divorce from her husband. What is your guidance for her and those like her? May Allah reward you with good.
Answer:
If she is wronged, or if he wrongs her and transgresses against her, she is excused. However, if she demands divorce without cause, it is not permissible for her to do so. The Prophet (peace and blessings be upon him) said:
Any woman who asks for divorce without cause will not smell the fragrance of Paradise.
أيما امرأة سألت الطلاق من غير ما بأس لم ترح رائحة الجنةHowever, if there is a cause—because he angers her and harms her, or because he openly commits open sinfulness and consumes intoxicants, or because she does not love him in her heart but rather hates him greatly and cannot bear to be patient—then there is no harm. This is like what the wife of Thabit ibn Qays did; she asked the Prophet (peace and blessings be upon him) to separate her from him. The Prophet (peace and blessings be upon him) asked her about it, and she said: "I cannot stand him out of hatred. I cannot stand him out of hatred." He said to her (peace and blessings be upon him):
"Will you return his garden to him?"—meaning the bridal gift; a garden is an orchard. She said: "Yes." So he ordered him to accept the garden and divorce her with one divorce.
أتردين عليه حديقته؟ -يعني: المهر، الحديقة: بستان - فقالت: نعم، فأمره أن يقبل الحديقة ويطلقها تطليقةTherefore, she is required to return the bridal gift. If she returns the bridal gift, he must divorce her. And Allah the Exalted says:
But if they separate [by divorce], Allah will enrich each [of them] from His abundance. And ever is Allah Encompassing and Wise.
وَإِنْ يَتَفَرَّقَا يُغْنِ اللَّهُ كُلًّا مِنْ سَعَتِهِ وَكَانَ اللَّهُ وَاسِعًا حَكِيمًاLikewise, if he consumes intoxicants, or if he is known for being lax regarding unlawful sexual intercourse and engaging in obscenity, she has an excuse, because remaining with him harms her.
However, if he does not pray, it is not permissible for her to remain with him. If he does not pray, it is obligatory for her to refuse him and not allow him access to herself; because abandoning the ritual prayer is major shirk (associating partners with Allah) according to the correct opinion, even if he does not deny its obligation. This is based on the saying of the Prophet (peace and blessings be upon him):
Between a man and disbelief and shirk (associating partners with Allah) is the abandonment of prayer.
بين الرجل وبين الكفر والشرك ترك الصلاةThe covenant that distinguishes between us and them is prayer; so whoever leaves it, he has committed Kufr.
العهد الذي بيننا وبينهم الصلاة فمن تركها فقد كفرThe presenter : May Allah reward you with good, and may He do you good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.