Fariq Naik – He Divorced Her Unaware of her Menses Is Divorce Valid
AI: Summary ©
The speaker discusses the issue of divorce in the state of menses, where a husband gives a divorce to his wife while she is in the state of purity. The majority of the speakers believe that if a divorce takes place, it is considered a sinful act, and the speaker advises against giving it to a woman while she is in the state of menses.
AI: Summary ©
Assalamu alaikum wa alaikum assalam.
I want to know if someone gives divorce
to his wife and does not know she
was in the state of menses, does divorce
occur?
My name is Mukarram, I am an IT
professional from London, UK.
First let us understand regarding divorce in the
state of menses.
Is it permitted or not?
The scholars they say that a husband if
he knows that his wife is in the
state of menses he should not give divorce
and if a husband gives divorce to his
wife while she is in the state of
menses and he is aware of this then
he is committing a sin.
So the husband should see to it that
he does not give divorce in the state
of menses and this kind of divorce it
is called as talaq bida'i, that is
not as per the Sunnah of our beloved
Prophet Muhammad peace be upon him.
In order to do the correct talaq, the
talaq sunni as per the Sunnah of our
beloved Prophet Muhammad peace be upon him as
the scholars they say that while she is
in the state of purity and he has
not had sexual * with her.
Now as far as giving talaq in the
state of menses is concerned, the scholars they
have deferred upon this into two opinions.
The first group of scholars and this is
the majority of scholars including the four madhaib,
the Hanfi school of thought, the Shafi'i
school of thought, the Hanbali school of thought
as well as the Maliki school of thought
they say that talaq in the state of
menses it does occur.
So if talaq is given in the state
of menses it does occur and they give,
they based on various evidences including the words
of the glorious Qur'an that if he
divorces, that is not permitted for him to
marry her referring to the third talaq, if
he divorces her for the third time then
until she marries another man and if due
to certain circumstances that marriage does not work
out and that man divorces her then she
can marry the first husband.
So in this verse of the glorious Qur
'an it is talking about talaq and it
does not specify whether it is in the
state of menses or whether it is in
the state of purity and there is no
hadith of beloved Prophet Muhammad peace be upon
him which says that you cannot, that talaq
does not occur when in the state of
menses and there is another hadith of beloved
Prophet Muhammad peace be upon him where in
the Prophet peace be upon him he was
informed regarding a person who gave talaq to
his wife while she was in the state
of menses.
So the Prophet peace be upon him said
that go to him and tell him to
return back to his wife which is called
as rujaa and rujaa is normally done after
talaq takes place and the Prophet peace be
upon him said that go and tell this
person that this talaq it will be considered
as one talaq.
So if talaq does not occur in the
state of menses why would the Prophet peace
be upon him say that this would be
considered as one talaq.
The second group of scholars they say and
this is one of the and this is
the opinion of Sheikh Abdul Aziz bin Baaz
he says that as far as this issue
is concerned there is difference of opinion and
Sheikh Abdul Aziz bin Baaz he says that
if the husband does not know that the
woman was in the state of menses then
the talaq does occur but if he knows
she was in the state of menses and
he gives a talaq then talaq does not
occur.
So if he does not know that she
is in the state of menses so as
per Sheikh Abdul Aziz bin Baaz he says
that talaq does not occur.
But as I mentioned the majority of the
scholars the four madahib they say that generally
if talaq is given in the state of
menses it does occur the talaq does take
place but a husband should see to it
that he does not give talaq to his
wife while she is in the state of
menses this is not as per the teachings
of our beloved Prophet Muhammad may peace and
blessings be upon him and if he is
aware that she is in the state of
menses and yet he gives talaq then he
is sinful so this should be avoided.
I hope that answers your question.