The Sunnah Divorce and the Innovated Divorce
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This questioner says, O Shaykh: What is the permissible divorce? What is the innovated divorce? And what is the forbidden divorce, with examples and clarification? And what do you advise those who are lax regarding the rulings of divorce?
Answer: The prescribed divorce is: to pronounce one divorce, while the woman is pregnant, or in a period of purity in which he did not have intercourse with her, pronouncing one divorce while she is pregnant, or postpartum, or in a period of purity in which he did not have intercourse with her.
The innovated divorce is: if he divorces her while she is menstruating and he knows it, or while she is postpartum and he knows it, or in a period of purity in which he had intercourse with her and her pregnancy has not become apparent. This is innovated. If he divorces her in a period of purity in which he had intercourse with her and her pregnancy has not become apparent, this is innovated. But if her pregnancy becomes apparent, it is a lawful divorce.
So divorcing a pregnant woman and divorcing a postpartum woman who no longer gets her menstruation, all of this is a lawful divorce.
And the Sunnah is to pronounce one divorce, one pronouncement, and not to increase beyond that. This is the Sunnah. Divorce by three pronouncements is not permissible. Divorce by two pronouncements is disliked. The Sunnah is to pronounce one divorce, this is the Sunnah, while she is pregnant or in a period of purity in which there is no intercourse.
As for his divorcing her while she is menstruating, or while she is postpartum, or in a period of purity in which he had intercourse with her, and she is not pregnant and not postpartum, this is not permissible. Because the Messenger (peace and blessings be upon him) forbade this in the hadith of Ibn 'Umar, and Allah (Mighty and Majestic) commanded that divorce be pronounced for the waiting period. He said: [Al-Talaq:1], and the divorce for the waiting period is to be when they are in a state of purity without intercourse. This is the waiting period.
But if she is pregnant, if the woman is pregnant, there is no harm. Or if she is postpartum and her age has advanced so that she no longer gets her menstruation, there is no harm. Or if he had intercourse with her in a period of purity and her pregnancy becomes apparent, there is no harm. Yes.
The presenter: And divorcing a menstruating woman, O Shaykh!?
The Shaykh: ... It is an abominable innovation and is not permissible. And divorcing a postpartum woman is likewise not permissible.
The scholars differed regarding its occurrence. Some held that it does not occur if he knows about it. And the majority held that it occurs even if he knows, but he commits a sin.
The presenter: May Allah reward you and bless you.
Answer: The prescribed divorce is: to pronounce one divorce, while the woman is pregnant, or in a period of purity in which he did not have intercourse with her, pronouncing one divorce while she is pregnant, or postpartum, or in a period of purity in which he did not have intercourse with her.
The innovated divorce is: if he divorces her while she is menstruating and he knows it, or while she is postpartum and he knows it, or in a period of purity in which he had intercourse with her and her pregnancy has not become apparent. This is innovated. If he divorces her in a period of purity in which he had intercourse with her and her pregnancy has not become apparent, this is innovated. But if her pregnancy becomes apparent, it is a lawful divorce.
So divorcing a pregnant woman and divorcing a postpartum woman who no longer gets her menstruation, all of this is a lawful divorce.
And the Sunnah is to pronounce one divorce, one pronouncement, and not to increase beyond that. This is the Sunnah. Divorce by three pronouncements is not permissible. Divorce by two pronouncements is disliked. The Sunnah is to pronounce one divorce, this is the Sunnah, while she is pregnant or in a period of purity in which there is no intercourse.
As for his divorcing her while she is menstruating, or while she is postpartum, or in a period of purity in which he had intercourse with her, and she is not pregnant and not postpartum, this is not permissible. Because the Messenger (peace and blessings be upon him) forbade this in the hadith of Ibn 'Umar, and Allah (Mighty and Majestic) commanded that divorce be pronounced for the waiting period. He said:
Then divorce them during their waiting period
فَطَلِّقُوهُنََّ لِعِدَّتِهِنَّBut if she is pregnant, if the woman is pregnant, there is no harm. Or if she is postpartum and her age has advanced so that she no longer gets her menstruation, there is no harm. Or if he had intercourse with her in a period of purity and her pregnancy becomes apparent, there is no harm. Yes.
The presenter: And divorcing a menstruating woman, O Shaykh!?
The Shaykh: ... It is an abominable innovation and is not permissible. And divorcing a postpartum woman is likewise not permissible.
The scholars differed regarding its occurrence. Some held that it does not occur if he knows about it. And the majority held that it occurs even if he knows, but he commits a sin.
The presenter: May Allah reward you and bless you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.