The Ruling on Divorce During Menstruation and Post-Natal Bleeding
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Question:
A man got married, and the wife went to her father's house for the purpose of giving birth. After the birth (in the seventh month), a quarrel broke out between the wives over the phone, and the husband divorced her four times or more, while he was in a state of emotional agitation. Then, after two days, he said: "I have taken back my wife into the protection of my marriage, based on what remains of my divorce rights, and I informed the wife of the taking back, knowing that everyone agrees to the taking back. The father only asked for my religious opinion, so I hope you will provide me with information, and thank you. Note: The husband has a psychological condition, and when he is agitated, he speaks without being aware of anything, and he has consulted doctors about this, but to no avail."
Answer:
Divorce during post-natal bleeding, and during menstruation, the correct view is that it does not take effect; because it is a forbidden divorce, so it does not take effect. When the Prophet (peace and blessings be upon him) saw Ibn 'Umar divorce his wife during menstruation, he disapproved of it and ordered him to keep her until she menstruated, then purified herself, then menstruated again, then purified herself, and then, if he wished, to divorce her before touching her. He said to him—(peace and blessings be upon him)—"That is the waiting period that Allah has commanded for women to be divorced." This is due to His saying (Glorified and Exalted is He) : [Al-Talaq:1]
The meaning is: divorce them while they are in a state of purity, without intercourse, or while they are pregnant. The prescribed divorce is only when she is pregnant; divorce of a pregnant woman is a prescribed divorce, or he divorces her while she is in a state of purity in which he has not had intercourse with her. This is the meaning of His saying [Al-Talaq:1], meaning: in a state of purity without intercourse, or in a state of pregnancy. This is the lawful divorce. As for his divorcing her during menstruation, or during post-natal bleeding, this is a reprehensible divorce, so it is not permissible. As for what concerns...
Question: Meaning, it does not take effect?
Answer: It does not take effect, so she remains in her status as his wife, and he must repent to Allah for his action. As for what concerns the intensity of his anger and the change in his condition, that has another discussion, but this is sufficient as long as he divorced her in this state; it is a void divorce.
A man got married, and the wife went to her father's house for the purpose of giving birth. After the birth (in the seventh month), a quarrel broke out between the wives over the phone, and the husband divorced her four times or more, while he was in a state of emotional agitation. Then, after two days, he said: "I have taken back my wife into the protection of my marriage, based on what remains of my divorce rights, and I informed the wife of the taking back, knowing that everyone agrees to the taking back. The father only asked for my religious opinion, so I hope you will provide me with information, and thank you. Note: The husband has a psychological condition, and when he is agitated, he speaks without being aware of anything, and he has consulted doctors about this, but to no avail."
Answer:
Divorce during post-natal bleeding, and during menstruation, the correct view is that it does not take effect; because it is a forbidden divorce, so it does not take effect. When the Prophet (peace and blessings be upon him) saw Ibn 'Umar divorce his wife during menstruation, he disapproved of it and ordered him to keep her until she menstruated, then purified herself, then menstruated again, then purified herself, and then, if he wished, to divorce her before touching her. He said to him—(peace and blessings be upon him)—"That is the waiting period that Allah has commanded for women to be divorced." This is due to His saying (Glorified and Exalted is He) :
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period
يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّThe meaning is: divorce them while they are in a state of purity, without intercourse, or while they are pregnant. The prescribed divorce is only when she is pregnant; divorce of a pregnant woman is a prescribed divorce, or he divorces her while she is in a state of purity in which he has not had intercourse with her. This is the meaning of His saying
So divorce them during their waiting periods
فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّQuestion: Meaning, it does not take effect?
Answer: It does not take effect, so she remains in her status as his wife, and he must repent to Allah for his action. As for what concerns the intensity of his anger and the change in his condition, that has another discussion, but this is sufficient as long as he divorced her in this state; it is a void divorce.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
