When is divorce forbidden?
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Question:
When is divorce forbidden?
Answer:
In three cases:
Divorce is forbidden during menstruation, during post-natal bleeding, and during a period of purity in which the husband had intercourse with his wife, provided she is not pregnant and not a woman who no longer menstruates. In these three cases, divorce is forbidden, as established in the hadith of Ibn 'Umar, in which the Prophet (peace and blessings be upon him) ordered him to divorce her before he touched her after her menstruation ended. This indicates that she is not to be divorced except during a period of purity in which he did not touch her, and she is not to be divorced during menstruation or during post-natal bleeding. In these three cases, divorce is forbidden:
The first: that she is menstruating.
The second: that she is in post-natal bleeding.
The third: that she is in a period of purity in which he had intercourse with her—in which he touched her—and she is not pregnant and not a woman who no longer menstruates.
As for if she is pregnant, there is no harm in divorcing her, even if he had intercourse with her. Or if she is an older woman who no longer menstruates, there is no harm in his divorcing her, even if she is in a period of purity in which he had intercourse with her. Yes.
The presenter: May Allah bless you. If a man divorces in one of these three cases, does the divorce take effect, O Shaykh?
The Shaykh: There is a disagreement among the scholars: the majority hold that the divorce takes effect in these three cases; it is forbidden, but it takes effect. The second opinion is that it is forbidden and does not take effect.
And this is the stronger of the two opinions of the scholars: that it is forbidden and does not take effect; because it is contrary to the Shari'ah. When Ibn 'Umar divorced his wife while she was menstruating, the Messenger (peace and blessings be upon him) ordered him to take her back, and did not consider it a divorce—(peace and blessings be upon him)—he returned her to him and did not consider it a divorce, and said:Sahih Muslim 1471s And the Prophet (peace and blessings be upon him) did not count it against him, according to the more correct of the two opinions of the scholars. This is the preferred position. However, if a judge rules that the divorce is valid, his ruling stands and is considered, and it is not permissible for anyone to overturn it. Yes.
So if the matter is presented to a Shari'ah judge and he rules that the divorce is valid during menstruation, or during post-natal bleeding, or during a period of purity in which he had intercourse, his ruling stands and is relied upon; because the judge's ruling resolves the disagreement; and because it is the opinion of the majority, so if a judge rules with it, it must be implemented. Yes.
The presenter: May Allah reward you, may Allah reward you with good.
When is divorce forbidden?
Answer:
In three cases:
Divorce is forbidden during menstruation, during post-natal bleeding, and during a period of purity in which the husband had intercourse with his wife, provided she is not pregnant and not a woman who no longer menstruates. In these three cases, divorce is forbidden, as established in the hadith of Ibn 'Umar, in which the Prophet (peace and blessings be upon him) ordered him to divorce her before he touched her after her menstruation ended. This indicates that she is not to be divorced except during a period of purity in which he did not touch her, and she is not to be divorced during menstruation or during post-natal bleeding. In these three cases, divorce is forbidden:
The first: that she is menstruating.
The second: that she is in post-natal bleeding.
The third: that she is in a period of purity in which he had intercourse with her—in which he touched her—and she is not pregnant and not a woman who no longer menstruates.
As for if she is pregnant, there is no harm in divorcing her, even if he had intercourse with her. Or if she is an older woman who no longer menstruates, there is no harm in his divorcing her, even if she is in a period of purity in which he had intercourse with her. Yes.
The presenter: May Allah bless you. If a man divorces in one of these three cases, does the divorce take effect, O Shaykh?
The Shaykh: There is a disagreement among the scholars: the majority hold that the divorce takes effect in these three cases; it is forbidden, but it takes effect. The second opinion is that it is forbidden and does not take effect.
And this is the stronger of the two opinions of the scholars: that it is forbidden and does not take effect; because it is contrary to the Shari'ah. When Ibn 'Umar divorced his wife while she was menstruating, the Messenger (peace and blessings be upon him) ordered him to take her back, and did not consider it a divorce—(peace and blessings be upon him)—he returned her to him and did not consider it a divorce, and said:
When she is pure, then either divorce her or retain her
إذا طهرت فليطلق أو ليمسكSo if the matter is presented to a Shari'ah judge and he rules that the divorce is valid during menstruation, or during post-natal bleeding, or during a period of purity in which he had intercourse, his ruling stands and is relied upon; because the judge's ruling resolves the disagreement; and because it is the opinion of the majority, so if a judge rules with it, it must be implemented. Yes.
The presenter: May Allah reward you, may Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.