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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on Astrology and the Divorce of a Mentally Unstable Person

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Question:
We will present to him the first question that reached us from the listener: (S. K. N.), a resident of the Kingdom. He says: He is a young married man, and he has been afflicted with an illness similar to madness; he is constantly anxious and tense, and has many intrusive thoughts. Unfortunately, he lives among a family that believes in astrology and taking omens. Therefore, they advised him to divorce his wife, claiming she is the cause of everything that has befallen him, because her star is inauspicious, as they say, and his illness will not go away except by parting with her. Hoping for a cure, he pronounced the triple divorce, and no one was present, not even his wife, and he did not inform anyone of it, fearing she would leave his house and not return to him. She remained with him for a period until she gave birth to a child. He says: I asked about this, and I was told: She has a waiting period after you inform her, and then you take her back. Four years have passed since then. I also asked another person, and he said: There is no divorce on you, and no waiting period on her, but repent to Allah.
I hope you will inform me of the consequences of this divorce, as the wife is still with me in the house, and my health condition is as it was; I have not benefited anything from doing that.
What is your advice to those who believe in health and benefit in such actions?

Answer:
In the name of Allah, the Most Gracious, the Most Merciful.
Praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
Astrology is a reprehensible matter, and it is one of the branches of sorcery. It is authentically reported from the Messenger of Allah (peace and blessings be upon him) that he said:
If anyone acquires any knowledge of astrology, he acquires a branch of magic of which he gets more as long as he continues to do so.من اقتبس شعبة من النجوم فقد اقتبس شعبة من السحر زاد ما زاد
Sunan Abi Dawud 3905Hasan (Al-Albani)
Astrology is forbidden according to the consensus of the scholars. It is the belief that the stars have an effect on events, such as health and illness, poverty and wealth, and so on. In fact, this is one of the illusions of the astrologers, for Allah created these stars as an adornment for the heavens, as missiles for the devils, and as signs by which one finds the way on land and sea. They have no effect on events, neither in health, nor in illness, nor in wealth, nor in poverty, nor in the descent of rain, nor in anything else.
They are only false illusions of their practitioners, with no basis in truth. It is not permissible for a Muslim to go to them, nor to ask them, whether they are astrologers, palm readers, or all the soothsayers and diviners who claim knowledge of some of the unseen through these things. Rather, they must be boycotted and disciplined, and the rulers must put an end to them so that they do not harm people or mislead them. It is not permissible to ask them, nor to believe them. The Prophet (peace and blessings be upon him) said:
He who visits a diviner ('Arraf) and asks him about anything, his prayers extending to forty nights will not be accepted.من أتى عرافًا فسأله عن شيء لم تقبل له صلاة أربعين يومًا
Sahih Muslim 2230
.
The diviner is the astrologer, the palm reader, the soothsayer, and the like of them, who claim knowledge of some of the unseen through the paths they follow, the satanic paths, such as astrology, casting lots with pebbles, or the like of their corrupt methods.
He (peace and blessings be upon him) also said:
or who goes to a fortuneteller and believes what he says, he has disbelieved in that which was revealed to Muhammad.من أتى كاهنًا فصدقه بما يقول فقد كفر بما أنزل على محمد
Sunan Ibn Majah 639Hasan (Darussalam)
(peace and blessings be upon him). So their reports are false, and it is not permissible to ask them, nor to believe them. Whoever does this must repent to Allah and turn back to Him, regret what has passed, and not return to it.
As for this man who divorced, if his mind is with him, then the divorce takes place, but it is counted as one; because the correct opinion of the scholars is that the triple divorce in one word, whether in writing or in speech, does not take place except as one. This is based on what is established from the Messenger of Allah (peace and blessings be upon him) in the hadith of Ibn Abbas: "That the divorce in his time was the triple divorce counted as one, and so it was in the time of al-Siddiq, and in the time of 'Umar at the beginning of his caliphate. Then 'Umar (may Allah have mercy on him) approved it—approved the three—and said: 'The people have hastened in a matter in which they had patience before. If we had approved it for them, we would have approved it for them.'"
As for in his (peace and blessings be upon him) time, the triple divorce in one expression was considered one. Ibn Abbas said: "The divorce in the time of the Prophet (peace and blessings be upon him) was the triple divorce counted as one."
And so it was in the time of al-Siddiq, and in the beginning of 'Umar's caliphate (may Allah have mercy on him) . But if his mind is not sound due to what has befallen him, and the trustworthy people who know him recognize that such a person is considered mentally unstable, then his divorce does not take place. However, if his mind is sound, and the illness has not affected his mind, then one divorce takes place on her with this divorce. And her remaining with him without a formal taking back is a mistake on his part. His intercourse with her is considered a taking back of her if he intended that, if he intended by his intercourse with her to take her back and return her to him. For intercourse, according to the correct opinion, is a taking back of her with the intention.
As for without the intention, without any intention, this is a place of strong disagreement among the scholars. And perhaps the correct view is that the taking back is completed by it due to his ignorance of that, so he has taken her back by intercourse during her pregnancy, and she is his wife, and one divorce has passed for her, considered this one divorce, and he has taken her back by intercourse.
As for if he did not have intercourse with her, nor contact her, until now, then by her giving birth, she has exited her waiting period, and one divorce has passed for her. He can return to her with a new marriage contract and a new mahr, like a suitor among suitors, as if he were a stranger, proposing to her on her own behalf. If she agrees, he marries her with a new marriage and a new mahr, because she has exited the waiting period by giving birth. This is if he did not have intercourse with her after the divorce. But if he had intercourse with her after the divorce, it is considered a taking back of her, and she remains with him on two divorces, and one divorce has passed for her if he did not divorce her before this divorce. We ask Allah for guidance for all of us. Yes.

The presenter: O Allah, amen. So those who issued a ruling to him in this case are not right in their speech?

The Shaykh: Those who said that the divorce does not take place are mistaken, unless his mind is not sound. If his mind is unstable like that of a mentally unstable person, then his divorce does not take place. But his question indicates that he has a mind; his question is sound. If this question from him indicates the stability of his mind, then if this question was placed for him by someone, in any case, it is looked into. The trustworthy people who know him are asked. If they know of his mental instability, and that he does not control what he says, nor does he know what he says, and that his words and actions indicate mental instability like that of the mad, the mentally unstable, and the drunkards, then his divorce does not take place. Yes.

The presenter: Is there any advice to those who issue rulings without knowledge, especially in such important cases?

The Shaykh: We advise all students of knowledge, and everyone who asks questions, to fear Allah and not to issue fatwas except with knowledge; because speaking about Allah without knowledge is among the greatest of major sins and among the greatest of misguidance, to the extent that Allah (Glorified and Exalted is He) placed it above shirk (associating partners with Allah). He said :
Say, "My Lord has only forbidden immoralities - what is apparent of them and what is concealed - and sin, and oppression without right, and that you associate with Allah that for which He has not sent down authority, and that you say about Allah that which you do not know."قُلْ إِنَّمَا حَرَّمَ رَبِّيَ الْفَوَاحِشَ مَا ظَهَرَ مِنْهَا وَمَا بَطَنَ وَالإِثْمَ وَالْبَغْيَ بِغَيْرِ الْحَقِّ وَأَنْ تُشْرِكُوا بِاللَّهِ مَا لَمْ يُنَزِّلْ بِهِ سُلْطَانًا وَأَنْ تَقُولُوا عَلَى اللَّهِ مَا لا تَعْلَمُونَ
[Al-A'raf: 33].
So He placed speaking about Allah without knowledge above shirk, and this is a great danger. And He informed in another verse that it is from the command of Satan. He the Exalted said:
O mankind, eat from whatever is on earth [that is] lawful and good and do not follow the footsteps of Satan. Indeed, he is to you a clear enemy.يَا أَيُّهَا النَّاسُ كُلُوا مِمَّا فِي الأَرْضِ حَلالًا طَيِّبًا وَلا تَتَّبِعُوا خُطُوَاتِ الشَّيْطَانِ إِنَّهُ لَكُمْ عَدُوٌّ مُبِينٌ ۝
[Al-Baqarah 2:168]
"Indeed, he only commands you to do evil and indecency and to say about Allah that which you do not know" [Al-Baqarah: 169]. So He the Exalted made speaking about Allah without knowledge from the commands of Satan. We ask Allah for safety.
So it is obligatory for the believer to beware of that, and not to speak except with knowledge and insight, knowing the ruling of Allah by evidence, what Allah and His Messenger said, or by the consensus of the scholars.
The point is: he does not issue a ruling except with insight, with knowledge, with clarity, otherwise let him beware of the consequence of that, for the consequence is severe for whoever speaks about Allah without knowledge. We ask Allah for safety. 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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