A woman requesting divorce from her husband
Machine translationRead the Arabic original
Question:
What is the ruling on a woman requesting divorce from her husband, O Shaykh?
Answer:
...the Exalted is above having a wife who came to the Prophet (peace and blessings be upon him) and said: O Messenger of Allah! Thabit, I find no fault in his character or his religion, but I dislike disbelief in Islam. It is narrated from her that she said: I cannot bear him out of hatred. He said: She said: Yes. Then he (peace and blessings be upon him) said to Thabit: Sahih al-Bukhari 5273.
The apparent meaning of this is that it is obligatory; because this is the default ruling for commands, and because this removes harm and is kindness to all. And Allah the Exalted says: [Al-Nisa: 130] So it is not permissible for him to keep her in order to harm her. However, if reconciliation and closeness are facilitated, and her return to him is possible, then that is required. But if the means are exerted and harmony is not facilitated, then it is obligatory for him to separate from her, whether that is by accepting her mahr or by forgiving it. Yes.
The presenter : May Allah reward you with good. And regarding sins, O Shaykh?
Answer : It is not obligatory for him to divorce her because of sins. Even if she is a sinner, divorce is not obligatory, and it is not obligatory for her to divorce him because of sins, as long as he is not a disbeliever. But she has an excuse if she requests separation. If she requests separation from the judge because he is an alcoholic, or because he harms her greatly by beating her or the like, or for other reasons that harm her; then there is no harm in her requesting divorce. And the judge may compel him to do so if he sees the public benefit in it. Yes.
The presenter : Yes, yes. May Allah reward you with good.
What is the ruling on a woman requesting divorce from her husband, O Shaykh?
Answer:
...the Exalted is above having a wife who came to the Prophet (peace and blessings be upon him) and said: O Messenger of Allah! Thabit, I find no fault in his character or his religion, but I dislike disbelief in Islam. It is narrated from her that she said: I cannot bear him out of hatred. He said:
Will you return his garden to him?
أتردين عليه حديقته؟Accept your garden, and divorce her once.
اقبل الحديقة وطلقها تطليقةThe apparent meaning of this is that it is obligatory; because this is the default ruling for commands, and because this removes harm and is kindness to all. And Allah the Exalted says:
But if they separate [by divorce], Allah will enrich each [of them] from His abundance
وَإِنْ يَتَفَرَّقَا يُغْنِ اللَّهُ كُلًّا مِنْ سَعَتِهِThe presenter : May Allah reward you with good. And regarding sins, O Shaykh?
Answer : It is not obligatory for him to divorce her because of sins. Even if she is a sinner, divorce is not obligatory, and it is not obligatory for her to divorce him because of sins, as long as he is not a disbeliever. But she has an excuse if she requests separation. If she requests separation from the judge because he is an alcoholic, or because he harms her greatly by beating her or the like, or for other reasons that harm her; then there is no harm in her requesting divorce. And the judge may compel him to do so if he sees the public benefit in it. Yes.
The presenter : Yes, yes. May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.