The Sunnah Cases of Divorce
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Question:
Is divorce to be pronounced one time in each period of purity, or is it better to pronounce it once in a period of purity, then leave her until her waiting period ends, so that it becomes a minor final divorce?
Answer:
This is the Sunnah: to divorce her once in a period of purity in which he did not have intercourse with her, then leave her until her waiting period ends, or take her back. As for pronouncing divorce in every period of purity, no, this is narrated from Ibn Abbas, but it is not good; rather, it causes her to be lost to him and harms him without need. The Sunnah is to divorce her once in a period of purity in which he did not have intercourse with her, as the Prophet (peace and blessings be upon him) commanded Ibn Umar to do. Then he should hold her, and when she becomes pure after the second menstruation, he should divorce her before touching her. That is the waiting period for which Allah commanded women to be divorced, as He the Exalted said: [Al-Talaq:1], the verse. Divorcing her for the waiting period means divorcing her while she is pure without intercourse. This is the lawful divorce.
The woman has five states: in three of them, divorce is an innovation, and in two of them, divorce is lawful. The innovative divorce is in the state of menstruation, in the state of post-natal bleeding, and in the state of purity in which he had intercourse with her. In these three states, he does not divorce her: not in menstruation, not in post-natal bleeding, and not in a period of purity in which he had intercourse with her.
As for the two states in which divorce is lawful, they are: the state of pregnancy, that she is pregnant, and also if he divorces her in a period of purity in which he did not have intercourse with her. This is the recommended lawful divorce.
The man should observe these matters and not hasten in divorce, for divorce is detested by Allah; the most detested of lawful things to Him is divorce. And Allah (Exalted and Majestic is He) loves the continuation of marriage, not the severing of marriage, because of the benefits and many advantages in it.
So the husband should not hasten, and he should seek the times of lawful divorce if he resolves to divorce, and not hasten in matters. Let him be deliberate and look into it, and if his soul is at peace and he sees that divorce is better, let him divorce her once in a period of purity in which he did not have intercourse with her, then leave her until her waiting period ends, so that she becomes divorced by a minor final divorce, and no one may marry her except by a lawful contract. This is what is prescribed in these matters.
Is divorce to be pronounced one time in each period of purity, or is it better to pronounce it once in a period of purity, then leave her until her waiting period ends, so that it becomes a minor final divorce?
Answer:
This is the Sunnah: to divorce her once in a period of purity in which he did not have intercourse with her, then leave her until her waiting period ends, or take her back. As for pronouncing divorce in every period of purity, no, this is narrated from Ibn Abbas, but it is not good; rather, it causes her to be lost to him and harms him without need. The Sunnah is to divorce her once in a period of purity in which he did not have intercourse with her, as the Prophet (peace and blessings be upon him) commanded Ibn Umar to do. Then he should hold her, and when she becomes pure after the second menstruation, he should divorce her before touching her. That is the waiting period for which Allah commanded women to be divorced, as He the Exalted said:
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period
يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّThe woman has five states: in three of them, divorce is an innovation, and in two of them, divorce is lawful. The innovative divorce is in the state of menstruation, in the state of post-natal bleeding, and in the state of purity in which he had intercourse with her. In these three states, he does not divorce her: not in menstruation, not in post-natal bleeding, and not in a period of purity in which he had intercourse with her.
As for the two states in which divorce is lawful, they are: the state of pregnancy, that she is pregnant, and also if he divorces her in a period of purity in which he did not have intercourse with her. This is the recommended lawful divorce.
The man should observe these matters and not hasten in divorce, for divorce is detested by Allah; the most detested of lawful things to Him is divorce. And Allah (Exalted and Majestic is He) loves the continuation of marriage, not the severing of marriage, because of the benefits and many advantages in it.
So the husband should not hasten, and he should seek the times of lawful divorce if he resolves to divorce, and not hasten in matters. Let him be deliberate and look into it, and if his soul is at peace and he sees that divorce is better, let him divorce her once in a period of purity in which he did not have intercourse with her, then leave her until her waiting period ends, so that she becomes divorced by a minor final divorce, and no one may marry her except by a lawful contract. This is what is prescribed in these matters.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.