The Ruling on Pronouncing an Innovated Divorce
Machine translationRead the Arabic original
Question:
Does the divorce take effect if he divorces her with an innovated divorce?
Answer:
The scholars have differed on whether an innovated divorce takes effect or not. The majority of scholars held that it takes effect, though it is forbidden. A group held that it does not take effect, a view chosen by a group of the Salaf. It is narrated from Ibn 'Umar, from Tawus ibn Kaysan al-Yamani, the noble Tabi'i, and from Khalad ibn 'Amr, the noble Tabi'i. It was also chosen by Shaykh al-Islam Ibn Taymiyyah, Ibn al-Qayyim, and a group of others. They said that because it was pronounced contrary to the command of Allah, it does not take effect.
The majority said: He erred and did wrong, and it is executed against him. This is because Ibn 'Umar counted the divorce he pronounced during menstruation; he counted it and accepted it upon himself. It was counted as one divorce against him, but it is not established that the Prophet (peace and blessings be upon him) counted it against him. However, he considered it and accepted it upon himself, as appears in the texts that came from him.
He was asked in a narration from him about one who divorced her during menstruation, and he said: It is not counted. This clarifies that he counted the divorce he pronounced during menstruation. He counted it based on his own ijtihad. The Messenger (peace and blessings be upon him) said to him: If the divorce had taken effect, the meaning would have been to increase the number of divorces.
Does the divorce take effect if he divorces her with an innovated divorce?
Answer:
The scholars have differed on whether an innovated divorce takes effect or not. The majority of scholars held that it takes effect, though it is forbidden. A group held that it does not take effect, a view chosen by a group of the Salaf. It is narrated from Ibn 'Umar, from Tawus ibn Kaysan al-Yamani, the noble Tabi'i, and from Khalad ibn 'Amr, the noble Tabi'i. It was also chosen by Shaykh al-Islam Ibn Taymiyyah, Ibn al-Qayyim, and a group of others. They said that because it was pronounced contrary to the command of Allah, it does not take effect.
The majority said: He erred and did wrong, and it is executed against him. This is because Ibn 'Umar counted the divorce he pronounced during menstruation; he counted it and accepted it upon himself. It was counted as one divorce against him, but it is not established that the Prophet (peace and blessings be upon him) counted it against him. However, he considered it and accepted it upon himself, as appears in the texts that came from him.
He was asked in a narration from him about one who divorced her during menstruation, and he said: It is not counted. This clarifies that he counted the divorce he pronounced during menstruation. He counted it based on his own ijtihad. The Messenger (peace and blessings be upon him) said to him:
Take her back, then keep her until she becomes pure, then she menstruates, then she becomes pure, then if you wish, divorce her, and if you wish, keep her.
راجعها، ثم أمسكها حتى تطهر، ثم تحيض، ثم تطهر، ثم إن شئت فطلق، وإن شئت فأمسك
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.