Kind: captions
Language: en
for
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Divorce
is divided into two types. types
and
these types
are whether the divorce happened
according to the Sharia laws according
to the sunnah or it didn't. So it's
divided into a sunnah divorce or a
divorce as the scholars call it. So what
is the sunnah divorce? The sunnah
divorce is to divorce a woman
when the time is right.
Allah says in the Quran, "Oh prophet of
Allah sallallahu alaihi wasallam, when
you Muslims divorce
women, divorce them for the recommended
or prescribed
period of time." The waiting period of
time.
What is the waiting period of time?
Scholars say that when the person wants
to divorce his wife, it has to be a
sunnah divorce. So, I'm
having an altercation with my wife.
We're fighting. We're bickering. We're
nagging. It's over. I'm done. So, I want
to divorce her. Wait. Zip it. Why? You
have to divorce her at a specific time.
What is the time? Morning, evening. No,
no, no, no. The time is when I want to
divorce my wife, she has to be in the
state of purity
that I had not have intercourse with
her. H let me think about that. How is
that possible? This is only possible
when she gets her menes.
Seven days, she's pure. She takes herul.
Now she is in the state of purity which
I did not have intercourse with. So now
if you want to divorce your wife.
Reflect on it. When was the last time
you were intimate? Oh, a couple of days
ago then you can't divorce her. But I
want to. No, it's haram. You can't
divorce her. What should I do? Wait
until she gets her monthly cycle.
Okay. That might be in three, two or
three weeks. You have to wait. You have
to zip it after she gets her manes and
she's pure and she gets herul and she
can pray. Now you want to divorce her,
go ahead. 99.99%
of divorce cases are cancelled because
of this.
The moment of rage
is now. If you tell me to wait
couple of hours, it will all vanish, let
alone three weeks.
So this is the sunnah divorce when she's
in the state of purity after having
messes and I did not and I was not
intimate with. The second
case where it is a sunnah to divorce is
when she's pregnant.
So when a wife is pregnant, I can
divorce her anytime because usually
a man would never divorce a pregnant
woman because this is my child. I don't
want my son to grow up in a broken
family. Might as well be tolerant and be
patient.
And
this is the consensus of scholars of
Islam. What is then the second type of
divorce?
The bid divorce. The divorce which is
not which is an innovation.
Well, it is one of two.
Either to divorce her
in a number that is not in accordance to
the sunnah. What? What do you mean? The
sunnah is to initiate one divorce. So
after she gets her period, she's clean,
she's pure, I'm not intimate with her, I
want to release. I say, you are
divorced.
One down, two to go. And in this period
where I have uttered the word of divorce
begins
her
her waiting period of three monthly
cycles. So I divorce her today. One
monthly cycle comes, no re uh uh
reconciliation. She's pure. A second
monthly cycle, no reconciliation, no
revoking the divorce. The third monthly
cycle takes place, nothing happens.
She's pure. She takes herul.
It's over. One divorce down and it's now
irrevocable. What do you mean? She goes
to her parents' house, but she was my
wife. Yes, you cannot remarry her again
unless she approves of it and agrees.
But in the waiting period of three
monthly cycles, you could have revoked
the divorce and reconciled even if she
doesn't want to because she's still your
wife. Huh? And even if one of you died
in the waiting period of a revocable
divorce,
first or second divorce, if one of you
died, then the other one will inherit
his spouse. Sheh, but I divorced her a
month ago and I died. Well, she's a
widow now and she inherits you as a wife
and she has to start the morning period
of 4 months and 10 days. And likewise,
if she dies in the waiting period, you
inherit whatever she has as a husband.
So this is the waiting period.
If
you divorce your wife more than one,
this is an innovation. A bida divorce.
How
lots of the people from the subcontinent
divor divorce thrice. You're divorced,
you're divorced, you're divorced,
thinking that this consumes three
divorces with where actually it's an
issue of dispute. And the most authentic
is that this is counted as one. Or they
say, "I divorce you thrice."
Or before reconciliation, "I divorce
you. I'm very angry with you. I don't
want to live with you anymore." Hungs
up. Couple of hours later, he sends a
text message. I divorce you. Then he
calls her parents. I divorced your wife
and I divorced her again now. And couple
of weeks later, he says, "I divorce
you." What are you? an AK-47,
a Clashnikov, machine gun. Divorce is
only once.
If you reconcile, you can divorce again.
No reconciliation, there's no need to
say it more than once. So, the number of
divorce is innovation.
the timing of the divorce. As we
mentioned before, if you divorce her in
the state of purity that you were
intimate with, this is an innovation.
If you divorce her while she is in the
state of manses, this is haram and it is
uh an innovation or
divorce. And the most authentic opinion
because this is the opinion of the vast
majority of schools of thought that the
divorce takes place even though it's bid
at the time of saying it but it takes
place. Saying it thrice or more takes
only once.
But to divorce the wife when you were
intimate with her yesterday or when she
is in the state of her period, the
divorce is sinful yet it takes place.
Now as mentioned before, the divorce
by nature is either revocable or
irrevocable.
So the first divorce and the second
divorce these are revocables.
You can revoke as long as you are in the
waiting period of three monthly cycles
for women who are not pregnant. If a
woman is pregnant then it's revocable
until she delivers. The moment she gives
birth
you cannot reconcile. That's it. your
strangers.
So, the first and the second divorce are
revocable
as long as you are in the waiting
period. If the waiting period is over,
it's not revocable anymore and you need
to have her approval and consent, the
consent of her guardian, the presence of
two male witnesses, and a new marriage
contract.
What about if the third divorce takes
place? So I divorced my wife,
reconciled. Couple of years later,
divorced my wife and reconciled. Two
down, one to go. Whenever I say the word
of divorce, I divorce you or you
divorced for the third time. Immediately
it's done. It's over. She becomes an
Maham to me on the spot and she must
leave the house on the spot and goes to
her parents' house.
Okay, but we have six s children. I love
her. She loves me.
No deal. What can we do? You cannot do
anything. This is an irrevocable
divorce. And this is the final divorce.
So, how can we get back together? You
can't get back together unless
she marries another man. She I don't
want her to marry another man. It's not
up to you. It's mentioned in the Quran
and the Sunnah and the consensus of
scholars. She has to marry another man.
A real marriage without the hidden
intention to be divorced and go back to
you. No, it's a real legit marriage. You
are out of the picture. You've
forgotten.
the the the new husband and the ex-wife
get married because they want to get
married and they live and they consumate
the marriage which is a condition
and for one reason or the other they it
doesn't work they divorce or the husband
dies only then you can remarry your ex
and that is the only uh um time or way
to get back to someone who you had
divorced three times.
Now
when we say revocable divorce, so how
can I reconcile with my wife and revoke
the divorce if this is the first or the
second divorce? To revoke it is to say I
revoke the divorce. I get you back. You
are my wife now. That's sufficient. And
the sunnah is to take two male witnesses
and say that in front of them. Why?
Because so many times people divorce and
forget that they had divorced. They come
after 20 30 years and say sheh I don't
remember whether I divorce my wife once
or twice. So if I divorce her twice this
would be the third and the final. But
I'm not sure. That's why Islam says it
is highly recommended to
take two male Muslim witnesses to
testify over this so that they would
know whether how many times the divorce
took place.
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