Ruling on a husband saying to his wife: Consider yourself divorced
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Question:
He has another question as well in the chapter of divorce. He says: In one of my arguments with my wife, I said to her: "Consider yourself divorced." Is this a divorce? And if this is a divorce, what is the solution? May Allah reward you with good.
The Shaykh: Repeat.
The presenter: He says: In one of my arguments with my wife, I said to her: "Consider yourself divorced." Is this a divorce? And if this is a divorce, what is the solution? May Allah reward you with good.
Answer:
Yes, it is considered a divorce, but only one divorce. If two divorces had preceded it, he may take her back as long as she is in the waiting period. If he says: "Consider yourself divorced" or "divorced," one divorce takes effect. He may take her back as long as she is in the waiting period, provided he had not divorced her twice before that.
As for if she had already been divorced twice, then this becomes the third divorce, and she becomes unlawful to him. She does not become lawful to him again except after another husband and consummation, meaning: after a lawful husband, and consummation, meaning: sexual intercourse without the intention of facilitating remarriage. So it means: a lawful marriage, not intended for the purpose of facilitating remarriage.
But if he divorced her during a period of purity in which he had intercourse with her, and she is not pregnant and not a woman who no longer menstruates, the divorce does not take effect according to the correct opinion. Likewise, if he divorced her during menstruation or post-natal bleeding, the divorce does not take effect. This is because it is established from the Prophet (peace and blessings be upon him), in the hadith of Ibn 'Umar (may Allah be pleased with them both), that Ibn 'Umar divorced his wife while she was menstruating. The Prophet (peace and blessings be upon him) disapproved of this and ordered him to take her back, and said:Sunan Ibn Majah 2019Sahih (Darussalam) And he said to him: This indicates that divorce during a period of purity in which he touched her or had intercourse with her does not take effect. This is the correct opinion, and it is the view of a group of scholars. Likewise, if he divorces her during menstruation or post-natal bleeding, it does not take effect.
However, if he divorces her while she is pregnant, or during a period of purity in which he did not have intercourse with her, or during a period of purity in which he did have intercourse with her, but she is pregnant or a woman who no longer menstruates, the divorce takes effect in these circumstances. The divorce takes effect in the case of pregnancy, and in the case of a period of purity in which he did not have intercourse with her, or in which he did have intercourse with her but she is pregnant or a woman who no longer menstruates. This is unless there is a preventer, such as his anger becoming so intense that his perception changes, or a preventer from the fact that he is intoxicated and speaking without reason, not aware of what is coming from him because he is intoxicated, or something has affected his reason. In this case, it does not take effect.
A condition for the divorce to take effect is that the husband must be of sound mind. As for if he consumes something that deprives him of his reason, or becomes angry with an anger that deprives him of his reason and perception, so that he cannot control what is happening to him, or he can control it but anger overpowers him and his anger intensifies due to a fight or insult between them, the correct opinion is that it does not take effect in this case due to the intensity of the anger, like one whose reason has departed. Yes.
The presenter: May Allah reward you with good.
He has another question as well in the chapter of divorce. He says: In one of my arguments with my wife, I said to her: "Consider yourself divorced." Is this a divorce? And if this is a divorce, what is the solution? May Allah reward you with good.
The Shaykh: Repeat.
The presenter: He says: In one of my arguments with my wife, I said to her: "Consider yourself divorced." Is this a divorce? And if this is a divorce, what is the solution? May Allah reward you with good.
Answer:
Yes, it is considered a divorce, but only one divorce. If two divorces had preceded it, he may take her back as long as she is in the waiting period. If he says: "Consider yourself divorced" or "divorced," one divorce takes effect. He may take her back as long as she is in the waiting period, provided he had not divorced her twice before that.
As for if she had already been divorced twice, then this becomes the third divorce, and she becomes unlawful to him. She does not become lawful to him again except after another husband and consummation, meaning: after a lawful husband, and consummation, meaning: sexual intercourse without the intention of facilitating remarriage. So it means: a lawful marriage, not intended for the purpose of facilitating remarriage.
But if he divorced her during a period of purity in which he had intercourse with her, and she is not pregnant and not a woman who no longer menstruates, the divorce does not take effect according to the correct opinion. Likewise, if he divorced her during menstruation or post-natal bleeding, the divorce does not take effect. This is because it is established from the Prophet (peace and blessings be upon him), in the hadith of Ibn 'Umar (may Allah be pleased with them both), that Ibn 'Umar divorced his wife while she was menstruating. The Prophet (peace and blessings be upon him) disapproved of this and ordered him to take her back, and said:
then if he wishes he may divorce her before having sexual relations with her, and if he wishes he may keep her
أمسكها حتى تطهر، ثم تحيض، ثم تطهر، ثم إن شئت طلق، وإلا أمسكDivorce her before you touch her.
طلقها قبل أن تمسهاHowever, if he divorces her while she is pregnant, or during a period of purity in which he did not have intercourse with her, or during a period of purity in which he did have intercourse with her, but she is pregnant or a woman who no longer menstruates, the divorce takes effect in these circumstances. The divorce takes effect in the case of pregnancy, and in the case of a period of purity in which he did not have intercourse with her, or in which he did have intercourse with her but she is pregnant or a woman who no longer menstruates. This is unless there is a preventer, such as his anger becoming so intense that his perception changes, or a preventer from the fact that he is intoxicated and speaking without reason, not aware of what is coming from him because he is intoxicated, or something has affected his reason. In this case, it does not take effect.
A condition for the divorce to take effect is that the husband must be of sound mind. As for if he consumes something that deprives him of his reason, or becomes angry with an anger that deprives him of his reason and perception, so that he cannot control what is happening to him, or he can control it but anger overpowers him and his anger intensifies due to a fight or insult between them, the correct opinion is that it does not take effect in this case due to the intensity of the anger, like one whose reason has departed. 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.
