Does the bid'ah divorce take effect?
Machine translationRead the Arabic original
The Shaykh: Yes.
The questioner : Regarding the bid'ah divorce.
The Shaykh : The divorce.
The questioner : The bid'ah divorce.
The Shaykh : The bid'ah.
The questioner : Meaning, for example, if a man divorces his wife while she is menstruating?
The Shaykh : Yes.
The questioner : ... The scholars have agreed on the term "bid'ah." Does this take effect, or is it the case that, without exception, the bid'ah divorce does not take effect?
The Shaykh : Of course not. There is nothing absolute in this matter. Of course, regarding the divorce of a menstruating woman, there is disagreement among the scholars.
The questioner: Yes.
The Shaykh : And the position that is stronger in my view is that it takes effect, because the Prophet (peace and blessings be upon him) executed the divorce of 'Abdullah ibn 'Umar ibn al-Khattab.
The questioner: Yes.
The Shaykh : So it is a bid'ah divorce that takes effect, but the meaning of it being bid'ah is that a Muslim should not divorce a menstruating woman, nor should he divorce a woman in a state of purity after having had intercourse with her; all of this is a bid'ah divorce.
The questioner: Yes.
The Shaykh : But when the text came that the Prophet (peace and blessings be upon him) executed the divorce of the menstruating woman that Ibn 'Umar pronounced, we said that it is bid'ah, but it takes effect.
The questioner : Yes, is there a criterion—may Allah bless you—for the non-occurrence of divorce in the Sunnah?
The Shaykh : The principle, as we said, is that every bid'ah divorce does not take effectSahih Muslim 1718a, except for what is explicitly stated and what specific evidence indicates takes effect, as we said regarding the divorce of a menstruating woman.
The questioner : May Allah reward you.
The questioner : Regarding the bid'ah divorce.
The Shaykh : The divorce.
The questioner : The bid'ah divorce.
The Shaykh : The bid'ah.
The questioner : Meaning, for example, if a man divorces his wife while she is menstruating?
The Shaykh : Yes.
The questioner : ... The scholars have agreed on the term "bid'ah." Does this take effect, or is it the case that, without exception, the bid'ah divorce does not take effect?
The Shaykh : Of course not. There is nothing absolute in this matter. Of course, regarding the divorce of a menstruating woman, there is disagreement among the scholars.
The questioner: Yes.
The Shaykh : And the position that is stronger in my view is that it takes effect, because the Prophet (peace and blessings be upon him) executed the divorce of 'Abdullah ibn 'Umar ibn al-Khattab.
The questioner: Yes.
The Shaykh : So it is a bid'ah divorce that takes effect, but the meaning of it being bid'ah is that a Muslim should not divorce a menstruating woman, nor should he divorce a woman in a state of purity after having had intercourse with her; all of this is a bid'ah divorce.
The questioner: Yes.
The Shaykh : But when the text came that the Prophet (peace and blessings be upon him) executed the divorce of the menstruating woman that Ibn 'Umar pronounced, we said that it is bid'ah, but it takes effect.
The questioner : Yes, is there a criterion—may Allah bless you—for the non-occurrence of divorce in the Sunnah?
The Shaykh : The principle, as we said, is that every bid'ah divorce does not take effect
'A'isha reported Allah's Messenger (ﷺ) as saying: He who innovates things in our affairs for which there is no valid (reason) (commits sin) and these are to be rejected.
مَن أحدث في أمرنا هذا ما ليس منه فهو رَدٌّThe questioner : May Allah reward you.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.