#18 Fiqh of Family – Restoration of the Marriage & ‘Iddah
Channel: Hatem al-Haj
Series: Hatem al-Haj - Fiqh of Family
File Size: 26.71MB
So now we will go over the chapter of Raja or restoration of marriage
losses here in his book around them. In attalla Camerata about
men's sin in
our lab to collect meaningful data in E, Federico Raja muda muda de
hakuba de Hanafi Delica in Urdu is Lucha? If he divorces his wife after consummation and without compensation, with less than three divorces or less than two for the slave, he is entitled to another restoration of the marriage, as long as she is in her head. This is because of the saying of Allah soprano tada Most High. And their husbands have more right? To take them back in this meaning in this period of the want reconciliation, sort of Bukhara
So, Raja Raja is with or without the wife's approval, is without the wife's approval, you know, however, it may sound but it is without the wife's approval, because he has more right to take her back as a law says we're both happy to be there at the end of his dad, and their husbands have more right? To take them back in that in that is what during the
during the read,
if the ad is not, has not ended, then their husbands have the right to taking them back. When do they have this right? If you have the conditions that we listed before in the previous session, we said a marriage was consummated. It is the first or the second it is not for compensation. And it is not court enforced.
And it is a it was a lock nut fast for a lot not a moment, all those conditions are there, then the husband has the right to take in his wife back.
In her means that
if they want reconciliation, what if they do not want reconciliation, he will still have the right to take her back in the sight of the law, but not in the sight of God.
What if he wanted to take her back to harm her and not reconcile?
There is a difference here between you know an herb and Papa Deanna in the sight of God, He will be a sinner in the sight of the law. I can know people's intentions. So he will just take her back and the coffee will basically
approve of this or validate this restoration
if it was disputed so
one of the things that people could do if they are saying talk to their wives and they want like the it's coming out and they are regretted before the finish the word
is to make us this now
should have talked about in the previous session. They make us the exclude exclusion
or to say something that would sort of in invalidated so if he says to her Auntie tala Allah or not.
Or if he says to her, Auntie tala can before he finishes the word he says
when the sun rises from the west,
when the sun rises from the west,
this will be problematic according to the Matic is I believe, because for them, you know the condition of divorce will be immediate
will not wait until you know
you know the condition takes place.
If it is basically attached to a time that will come in the future for certain, you know, antibiotic in the if Muharram first for instance, you know they the rest of the scholars will say that she will be part of Muharram First, the Maliki's will say immediately.
It will be to be even smarter, you will say
if you go to the moon, or something like this
or to Mars to make it more difficult
because the moon may be possibility in the future.
Anyway, so then we're talking about Roger here. And we said, we said that the man has the right to Raja,
to reconcile. Then the SEC said, we're Ronnie akula, Roger Ladyman and muslimeen insha. Allah yeah and need to delta t. Our added to our m sec to
add what a what does that
mean variable a in what else does he do what?
Roger occurs when the man says the two Muslim men be witnesses that I took my wife back, or returned her or kept her. For this, he does not need to lay a payment more than the original Sadat, or even her approval, or even her approval, because he's entitled to this Raja. And as we said before, you know, if she is unable to handle the marriage, keep in mind that most of the time, when the wife is unable to handle the marriage, she can make the man divorce her.
Because he will be forced, all of the obligations of marriage are court enforced. And she may not
like she can have all of the obligations of marriage on his side.
The court in force, and
the opposite is not always true. So she can push him until he divorces are.
And if that is not the case, she can have Hola. So she's not locked into the relationship, it is not like she is locked into the relationship, she will have ways to make him divorce her
or she can obtain a whole lot from him.
But anyway, the rod is basically for reconciliation. It is for restoration of the marriage. Because divorce is a hated outcome
can cause harm to the two parties and to the children and everyone. So that is why the concept of Raja makes perfect sense. And we will see now how Allah facilitated that restoration by keeping them together in the same household
throughout her period.
Now, what about because we should talk here about that because he says that Pattaya occurs when he says, When the man says to to Muslim men be my witnesses, and so on and so forth. So this is the perfect Roger. This is the perfect roger that basically fulfills all the obligations and the southern masses the perfect Roger. But is this is this the only way to make lotto No, it is not the only way to make lotto and we will see you why shortly. So, if he does not have had then within a lesson within a lesson and had is mandatory, according to the Maliki's.
And, according to another report on the Humbert email habit is not only mandatory, it's also a condition of validity.
Is this the is this the Maliki possession the Do I have a capital or small m
symmetric keys Yeah, it is not it is not the main possession.
I have another assumption for us as well.
But anyway, it is not the authorized the obligation of each had or to have witnesses has not really an authorized position in any of the form of
All the formulas have that is this now I would say that it's had is, is recommended as much as the hub is recommended, because the last one says in sort of therapy the FMC cannot be modified as he do that, why are men men come?
So, if they reach their term then you either retain them in goodness or release them in goodness or separate from them for the corner and the other versus sorry harmonica but here it's about upon a separate from them in goodness.
lashes without Lindeman come
walking Shahada to love me all the women.
So it says last minute, Allah says we'll actually do the admin command then make two trustworthy witnesses basically testify or bring to witness to trustworthy persons men. So, now this H had was considered it is an command in the Qur'an. So how can you know all the authorized positions in the hab and because it is a commandment, the core and somatic is in some shefa ease and a position within the hombre de madhhab said it is obligatory, obligatory some somebodies went as far as saying it is conditional check conditional validity.
But why is it that you know the authorized view in the form of I have says that it is sung? Because they say that the purpose is because they say that this applies not only to Roger, but it also applies to talaq and since we agree, who is we? That is Allison, you know, because she I don't agree, since we agree that the law does not require witnesses, Roger also does not require witnesses, and that whatever even make more sense, and Raja because the purpose of Raja will not be served if you need witnesses, because Raja should be a spontaneous, like warming of the heart or like, some sort of restoration of feelings between the two,
you know, married people, after the divorce, they're still in the same household and then,
you know, that sort of spontaneous sort of restoration of feelings for each other. So that's why why Raja does not need witnesses, because Allah wants this to happen to take place in the privacy of their home without the man having to run out to the street and bring two witnesses.
Now, is it still important for him to have two witnesses? Yes, it is important for him to have two witnesses. If he claims that he you know, he took her back, and she claimed that he did not take her back and tell her at the end, she makes the claim that her at the end.
And then he says I took her back before it and and he is unable to produce two witnesses allow her to who is at her statement or his hers.
Because he did not bring witnesses. So
okay. So witnesses would be important that it will be important to also for sort of record keeping to keep count of the divorces to keep count of the divorces is this for disambiguation or
in a marriage?
she denies that he took her back then we will accept her denial. If she says that her at the end and he's unable to produce witnesses.
If she'd been if she knows that, he took her back and she denied that then she's gonna certainly have trouble
because she lied to court, you know, but if she does not know like he had taken her back without telling her and without having witnesses. Then she can
denied she should deny, because He neither produced witnesses, nor did she hear him and her at the ended.
So she can certainly say that my other end, but all of this is coming.
Then the sixth year, we're in Canada. And if the Effie has intercourse with her, that in itself counts as Raja, that in itself counts as Raja. Now they are at home together. And as we will see here, that they are telling her, you could sort of
wear your jewelry, your best clothes, you don't have to cover. The point here is the last minute Allah wanted this marriage to be restored. So Allah has given them that period where she is still a wife. Technically, she is still alive, therefore otherwise fine, you know, and everything's fine. But now, no.
Can if he touches her without intending to take her back? Is this a problem or not?
Okay, let's see what they would say no.
Well, let's start with the HANA fees, because the HANA fees will consider anything, you know, any last fall touching or anything, you know, like this, would consider it an automatic restoration. So she's, that's it, he doesn't need to speak, it's automatically restored.
Okay, he doesn't need to intend he does not need to speak it is the action itself. For them, the action itself counts as restoration.
On the opposite side from the HANA fees, you have the sapphires who require the verbal respiration.
So actions do not count as restoration, they would require him to tell her I take your back. If he does not say this, his actions do not count as restoration. The Maliki's have like a position that is like the hunter fees that not only intercourse, but also the sort of
whatever comes before that all of that when count as a form of actual not verbal restoration of the marriage, but they have a contingency. He needs to intend
by vowed to restore,
intended by his action to restore and that is a position within the Hanbury Meza as well that he does need to intend restoration. What does what do they combat is say
the Hanbury say it's not all actions is only intercourse.
do they require intention? No, they don't require intention to they require intention they don't require intention. So even taymiyah Rahim Allah sort of
took the Maliki position and the body position
and mix them and he said intercourse with intention. intercourse with intention of restoration would count as
as restoration. Now, what does that mean? It means that for the shafran is if he does not take care back, he is committed a crime.
If he does not take her back verbally, and for the Maliki's and admit a mayor if he does not intend the restoration, he has committed a crime for the others. The very act itself would count as restoration.
Now the SEC says we're here to Zelda. talaq was the hardware that as a result he had what the shovel what the shadow. What are what our caliber to be our Safarova The one whose divorce isn't finalized. There's still a wife who is subject to divorce and they are
she may beautify herself, subject subject to divorce. We did talk about that.
In the previous session, according to the majority in the agreement of the foreigners, if she is subject to divorce, we said that even came out of him our law said she's only subject to divorce after restoration.
She may be the fire herself for her husband and reach out to him, he is entitled to have intercourse and, and the and be in seclusion with her, as well as to travel with her.
And then once he has that, then that would count as restoration. And they either stay together or initiate when another divorce, but she is.
And if either one of them dies during the waiting period, do they inherit from each other? Yes, they inherit from each other. So the sort of their rulings of marriage continue during the time of ad
in the hopes of restoring that marriage.
And then that she said whether
talapia if he takes her back, she resumed the marriages with the remainder of the divorces left remainder of the divorces left. Now, what does that mean?
It means that he sort of divorced her
when he talks about if,
let's read the other paragraph so that we can well Takahata bandits and Menaka javiera, who's on the ballot mean, what is our Raja era documento lochia. If he leaves her until her divorce becomes finalized by reaching the end of her head, then she marries. And later it gets a finalized divorce from a second the second man and then the first husband marries her again. She goes back to him with the number of divorces she had remaining. So he divorced her.
And then he had Raja after the divorce.
Now, she becomes his wife. How many divorces are that?
buy agreement. Okay. Now he divorced her.
And her abda
He can re marry her right?
He did not really marry her. Another man.
Another man married her.
Another marriage happened here. Another marriage happened to here.
And then the other man divorced her.
She went back to the first
how many divorces Does he still have?
However, set two is right,
because we're having baddies here.
So only three according to the HANA fees.
The Hana fees will make this basically a new sort of
that since she got married to someone else, they will basically start with account and you and the first husband will now have three
opportunities because she had married someone else. But then the majority and that's the Maliki shafa is on hand bellies will say that they will only have to when is that? After the first divorce.
Or the second the divorce after the second divorce to go back to him was one.
But if it was after the third the divorce and then she married another man. She goes back to the first with how many three
hearts when this you know, after the third divorce. If she marries another man and divorce gets divorced from the other man and goes back to the first husband. They have three opportunities. Then the sheikh said with a telephone that he has a colocado amiami as a darkman Zadie kemungkinan
If they disagree over the end and governor at
her word would be taken over his along with her oath as long as her claim is possible.
as long as her claim is possible, when is her claim possible?
That depends on you know when come by the end now, if the actor is by months, that is for the one who has not menstruated yep and postmenopausal one there will not be disagreement, right? Because it is by months, so everybody can count but if she if she asmin the water Kuro if her head is by
the period period periods, then she's the only one who can basically tell us when her at the end and Allah subhanaw taala
says in the parameter,
Columbia Amina Amina Bella
that it is impermissible for them any activity Monica Longfield hamina, to to conceal that which Allah had created in their wombs, if they believe in a lie in the final day, so Allah made it their responsibility, allow me that their responsibility must not be unforeseen or philosophical. So divorced women wait for three different three crew.
Now, we will come in the chapter of edit and talk about a crew and in some detail, but in general,
the shortest time ever, because this is applicable here, because he says in the documents that he can can and if she claimed something that is possible, they consider this to be a she came after one month, more than one month.
And suddenly at the end,
that's it, we will believe her well, just we will not need any any more than this. If she came between 28
slash 29 days, but the 29 is the position in the in the Mazda authorized between 29 and 30. You know, so less than
29. But not more than one month in that very sort of small period window here.
She came and she said my at the end, we will ask her to bring someone to testify to this from her household, like another woman, you know, she will come and say yes, in our family, we get like periods,
like short periods and
get them so often or something like this when I have known that she gets the periods so often and things like that.
Okay, why is this because what is the shortest period of period according to the combat ease in the shortest period of period? You know, I'm not going to get into my own sort of reflections on this because it's it will take like too long, but according to the combat is what is the shortest period of a period that is core, that is the menstrual period, one day
and according to him berries, what is the shortest period of the period between the two periods? That is the talk, it's 13 days. So if someone divorces his wife, after that, you know, we said that in order for you to divorce the right way will be during the period of
purity, purity. And then now we have this hide for one day. So P for purity and for menstruation.
Okay. So, here, the 13
Okay, a 13
And one. Now, if you say if you say that cor turaco that they have to wait three periods, that means three menstrual periods, not three periods of purity but three periods of menstruation and that is the authorized hand belly position as well as the hanafy position as we all come to see. So if we say that and he didn't
here, right here, right before she starts like one minute before she starts her next period, he the horses are here. So she won't have to wait three menstrual periods, this will count as one right?
This will count as the second, right.
This will count as the third.
And because the period we because if there's three periods, we will have to wait until the end of this. So, by the end of her administration, she had that would have ended. So, had 130 13 had 113 113 one. So that is 2929. So, why am I saying 28? Sometimes like, if you consider this
to be if you consider Serato guru to be the period between the periods the period of purity
and he divorces here here.
Will we counted this period? As part of you know, as the first when we consider this period?
You know, the first year here, right before the miseration. We will will we consider this as the first Yes, because unlike the three menstrual periods when we count the by
the first one in which the divorce took place will be counted as the first one.
If someone divorces his wife during the menstrual period, we count to that minutes for a period know if someone divorced his wife during hair, which no one should divorce his wife during the menstrual period. But if he did, someone who counts as the first wife within the period of purity when we count that yes, this is an important difference. So now we're counting this as the first period. This is the second period. This is the third period when there's hair at the end. Once she gets the first drop of blood here,
not soon you will not wait the whole day so that you're at the ends at the end of the day. No head that will end once he gets the first drop of blood here. So counter from here to here. One plus 13 plus one plus 1328.
So if she claims something that is possible, we will believe her if it is in that tiny period, you know less than one month but still possible she will need to bring a witness. If it is more than one month.
Then we will she will not need to bring a witness and the sheikh said way back telling
me that he has a couple of coluna My amenia is a darkening Zadie kemungkinan we are done with this. When it does that we'll do
that here now ganache Raja that you have and cannot fulfill colocado if after the ending of her head the man claims that he took her back during heard
her word will be taken over his unless
he brings forth two witnesses.
Were in Canada will be in a hockey matter who will be here for in Canada as a water rod that he saw on the Columbia sunny alum yet if he has evidence of his claim, the decree will be in his favor. Because Because of because of it because of the evidence. If she has already married another man, she will be returning to the first whether or not the second man has consummated his marriage with her.
So now her at the ended and then he claimed that
he had taken her back
whether he had taken her back but she doesn't know or she does know but she's denying it.
If he does not bring the two witnesses,
then the court will accept her word over his. If he brings two witnesses.
And then she says but I got married
you know once May at the end of that got married.
We will see if she can't see me did the marriage
if she has not consummated the marriage
They will all give her back to her husband. When he approves that he took her back by two witnesses.
If the marriage was consummated, then
we will have the Maliki's and another position in the Hanbury meth lab.
They will keep her with a second
because the marriage has been consummated.
the first did not come during the time of died. He came afterwards.
The Hanafi is shafa. Is and Han berries when
give her back to the first.
Because it's not like they're giving her back like she's a commodity. But the idea here is they would say that the first marriage is is is still valid is that she is then married. She got married to a second man while she is still married to the first and she cannot be married to two men.
Well, it depends on whether she was she was aware of it or not. It is possible that she was aware. It's possible that he took her back and told her but she denied that and he could not produce proof.
if he could not produce proof, she'll be living in sin. But the court will believe her. Because, you know,
had unless he made it to the court before her at the end that
he made it to the court before her at the end. This case it's obvious, you know, but and then if he took her to the court and says I take my wife back, and after he claims that he took her back she claims that her at the end that we will leave him over her.
But if she claimed with her at the end before in front of people before he took her back, we will always believe take her word over his in it documents that he can can and if she if her claim was, you know, possible, realistic protocol
shala we will come back after five minutes to finish the chapter of it.
Someone was asking the question.
Once the ends and she has not heard from him, she is free to marry