Ruling on one who divorced his wife while she was menstruating, then while he was intoxicated, and then while she was pregnant
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Question:
These are two questions from the listener (S. A.) from al-Ta'if, al-'Aqiq. In her first question, she says: I am a married woman, and once a quarrel occurred between me and my husband, and his father intervened and started hitting him. So he said, in that state: "You are divorced three times," and he repeated it. At that time, I was menstruating. After that, I learned that a divorce pronounced while the woman is menstruating does not take effect. After a year had passed from this, he came to the house one time while intoxicated, so I quarreled with him, and anger was evident on his face. He said to me: "You are divorced," and he repeated it twice. After he sobered up, he felt regret and remorse, so we went to one of the judges, and he said: "The divorce of an intoxicated person does not take effect." After two years had passed from this, a quarrel also occurred, and my family intervened in the matter. So I said to him: "I do not want you, but I want my divorce from you." We went out, and he did not utter a divorce, and at that time he was fully conscious. After half a month had passed, he sent a paper written on it: "Divorce of the Sunnah," and nothing else, and he did not specify, and there were witnesses to that. I was pregnant at that time, so I remained away from his house until I gave birth. After a year had passed, he requested to return to me, and he announced to me his repentance and his rectitude. Is it permissible for me to return to him after all this? I am eager to return to him to preserve myself and my daughter from being lost?
Knowing that my father refuses to return to him, and yet he does not help me in providing for myself and my daughter. So I am providing for myself from my own money, as I live in a house by myself?
Please advise me, may Allah reward you.
Answer:
We see that you should attend with him before the Shari'ah judge among you, who looks into such matters, so that he may look into the issue. If he repents with a sincere repentance and rectifies himself, there is no harm in returning to him. If your father refuses to return to him, the judge rules as he sees fit in this matter, and the father becomes one who withholds his wife. One of your brothers can marry you if you have brothers, instead of your father, if the judge sees that, or the judge summons him and advises him and suggests to him until your father marries you.
The point is: This last divorce is considered one divorce. A divorce of the Sunnah is considered one divorce. It does not prevent you from returning to him with a new contract.
As for the first divorce during menstruation, and the first divorce during intoxication, if he was not in his mind, they do not take effect according to the correct opinion of the scholars. The correct opinion of the scholars is: The intoxicated person whose mind has departed, his divorce does not take effect during his intoxication, and the departure of the mind is like that of the insane and the imbecile.
Likewise, during menstruation and post-natal bleeding, it does not take effect according to the correct opinion; for what is established in the authentic hadith of Ibn 'Umar (may Allah be pleased with them both) that the Prophet (peace and blessings be upon him), when 'Umar informed him that Ibn 'Umar had divorced his wife while she was menstruating, ordered him to take her back, then hold her until she menstruates, then becomes pure, and after that, divorce her if he wishes, or hold her. And he said (peace and blessings be upon him):Sahih al-Bukhari 5251 meaning: in His saying, the Exalted: [Al-Talaq:1].
So the result is: The first and second divorces, if the matter is as you said, do not take effect, and the last divorce, a divorce of the Sunnah, takes effect as one,
He has the right to return to you with a new contract, after the birth of the child, if he did not take you back during the period of pregnancy. He has the right to return to you with a new contract. And your father must marry you to him if he is righteous, if he is a Muslim who prays. But if he does not pray, he is not to be married, and no honor. But if he is a Muslim far from the causes of disbelief, the father marries you to him for your desire and the presence of the girl with you. If your father refuses without a cause, you raise the matter to the judge, and the judge looks into the matter, meaning the judge.
We ask Allah for success and guidance for everyone. Yes.
The presenter: O Allah, amen.
These are two questions from the listener (S. A.) from al-Ta'if, al-'Aqiq. In her first question, she says: I am a married woman, and once a quarrel occurred between me and my husband, and his father intervened and started hitting him. So he said, in that state: "You are divorced three times," and he repeated it. At that time, I was menstruating. After that, I learned that a divorce pronounced while the woman is menstruating does not take effect. After a year had passed from this, he came to the house one time while intoxicated, so I quarreled with him, and anger was evident on his face. He said to me: "You are divorced," and he repeated it twice. After he sobered up, he felt regret and remorse, so we went to one of the judges, and he said: "The divorce of an intoxicated person does not take effect." After two years had passed from this, a quarrel also occurred, and my family intervened in the matter. So I said to him: "I do not want you, but I want my divorce from you." We went out, and he did not utter a divorce, and at that time he was fully conscious. After half a month had passed, he sent a paper written on it: "Divorce of the Sunnah," and nothing else, and he did not specify, and there were witnesses to that. I was pregnant at that time, so I remained away from his house until I gave birth. After a year had passed, he requested to return to me, and he announced to me his repentance and his rectitude. Is it permissible for me to return to him after all this? I am eager to return to him to preserve myself and my daughter from being lost?
Knowing that my father refuses to return to him, and yet he does not help me in providing for myself and my daughter. So I am providing for myself from my own money, as I live in a house by myself?
Please advise me, may Allah reward you.
Answer:
We see that you should attend with him before the Shari'ah judge among you, who looks into such matters, so that he may look into the issue. If he repents with a sincere repentance and rectifies himself, there is no harm in returning to him. If your father refuses to return to him, the judge rules as he sees fit in this matter, and the father becomes one who withholds his wife. One of your brothers can marry you if you have brothers, instead of your father, if the judge sees that, or the judge summons him and advises him and suggests to him until your father marries you.
The point is: This last divorce is considered one divorce. A divorce of the Sunnah is considered one divorce. It does not prevent you from returning to him with a new contract.
As for the first divorce during menstruation, and the first divorce during intoxication, if he was not in his mind, they do not take effect according to the correct opinion of the scholars. The correct opinion of the scholars is: The intoxicated person whose mind has departed, his divorce does not take effect during his intoxication, and the departure of the mind is like that of the insane and the imbecile.
Likewise, during menstruation and post-natal bleeding, it does not take effect according to the correct opinion; for what is established in the authentic hadith of Ibn 'Umar (may Allah be pleased with them both) that the Prophet (peace and blessings be upon him), when 'Umar informed him that Ibn 'Umar had divorced his wife while she was menstruating, ordered him to take her back, then hold her until she menstruates, then becomes pure, and after that, divorce her if he wishes, or hold her. And he said (peace and blessings be upon him):
and that is the prescribed period which Allah has fixed for the women meant to be divorced.
تلك العدة التي أمر الله أن تطلق لها النساءSo divorce them during their waiting periods
فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّSo the result is: The first and second divorces, if the matter is as you said, do not take effect, and the last divorce, a divorce of the Sunnah, takes effect as one,
He has the right to return to you with a new contract, after the birth of the child, if he did not take you back during the period of pregnancy. He has the right to return to you with a new contract. And your father must marry you to him if he is righteous, if he is a Muslim who prays. But if he does not pray, he is not to be married, and no honor. But if he is a Muslim far from the causes of disbelief, the father marries you to him for your desire and the presence of the girl with you. If your father refuses without a cause, you raise the matter to the judge, and the judge looks into the matter, meaning the judge.
We ask Allah for success and guidance for everyone. Yes.
The presenter: O Allah, amen.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.