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#19 Fiqh of Family – ‘Iddah (Continued)

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Hatem al-Haj

Channel: Hatem al-Haj

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Episode Notes

Episode Transcript

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And when we say divorce for compensation that stronger position as I said before, when we talked about what law is that this compensation is limited to her that worry. That is the position I believe to be stronger that the compensation is limited to her and our she need to give him back now when he gave her

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okay

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I'm sorry No you can do

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so

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are you ready

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to proceed? Well now we'll go over the double double headed for la de la that would be the plural of read the

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chapter on the waiting period. You have to put American philosopher in his book Rhonda I

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do have a couple of Mrs. dippolito, a Latina, hermano

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tada do now,

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there is no binding on a woman whose husband left her during his life without having intercourse or seclusion with her. This is because of the statement of Allah Almighty oh you who believe when you marry believing women, and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them to count concerning them. So,

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there is no binding on a woman

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whose husband left her during his life

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be so at the concept of self worth the waiting period has many wisdoms

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and it is not limited. The wisdoms are not limited to the source of ensuring the absence of pregnancy.

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Because confusion of lineages can take place if there is no separation between two marriages.

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And this mutation of lineages is certainly a great problem and it causes so much

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grief

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to everyone involved including the children. So, the sort of making sure that there is no confusion of lineage is very essential, very important, but that is not limited to this.

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Because it can be also for women who are not menstruating

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and 70 year old woman when she had Yes.

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So is that the thing?

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Just because

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the ensuring that there is no pregnancy? No. Because why is a 17 year old woman having a making having a head?

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And why is it that the idea of the woman whose husband died is different from the idea of the woman who was divorced. Therefore, it is not simply about where it's not only about ensuring the sort of

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the lack of pregnancy the lack of pregnancy.

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And

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keep in mind that there is also one other point that is important. Then when we say that had helped me Adorama had done

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so

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well how can we

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do means revolve.

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So here would be the ruling is what hinges on the Ireland

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hinges on the effective clause.

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In order for you to employ this principle and say that the ruling hinges on the effective cause,

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you will have to make sure that this is the effective clause and not the hegman. This is by law

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and not the Hikmah certainly with some caveats here and I would come to say

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that sometimes the the hochma would be attached to the hekman and not only the idler, the difference between an idler and hekman which is important to understand is

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That a law is quantifiable well defined measurable. So, when we say that the idea of shortening the prayers is travel, the hekman is removal of hardship, refined masaka removal of arch that is travel. So, travel is measurable, quantifiable well defined, removal of hardship is not removal of hardship is the ultimate hekman. So, why is travel so, you know beyond the dialer is a hegman but we're attaching the helmeted dialer because if we start to attach the hakomi to the hikma then it will be vague, unquantifiable, unmeasurable not well defined. And the law will be subject to whims and biases of the people.

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Is it clear? Okay.

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But sometimes the scholars like you know, some of the ham berries and M Ed and haven't had him and others. They said that if the Heckman is via her apparent woman, Baba,

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Baba would be measurable, I guess.

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So, if we have those two conditions, then we can attach some of the outcome to the Heckman

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it is apparent Hanneman dabit sort of

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clearly identifiable measurable etc.

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Then we can attach he will find that the hand bellies in particular doing this despite our reputation, you find that nobody's doing this. Like if you think about the cam or the rulings of in JAMA in the Hanbury method, combining the prayers, combining the prayers for the sake combining the prayers for you know someone who's

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like for like hard labor and things of that nature.

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Or, sorry, I'm sorry, not hard labor. But if someone is afraid, that is the he would suffer his livelihood would suffer if he went to prayer or if he did the prayer on time, like a baker's, though will spoil it or like something of that nature.

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So, when the talk about combining the prayers, do we have something for the combining of the prayers from the Prophet sallallahu Sallam for the sick, not not traceable to the Prophet. I mean, the monster haba is not necessarily sick. No monster haba has a problem. You know that is quite obvious because you can pray when you're menstruating. And if your menstrual period is prolonged, than it is quite obvious for the Mr. hodda the concept of combining the prayers will make sort of obvious sense. But the honeyberries they allow the combining of the prayers for the sick.

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Whereas the editor here looks like they are going a little bit farther Beyond Diet to the Hikmah.

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And combining the prayers also for someone whose livelihood would suffer if he prayed on time.

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Where is the elder here? I think they are going to the Hickman because the Prophet sallallahu Sallam because they have prophesied and allowed combining the prayers and brain combining the prayers for the traveler. You know these things are coming from the prophet SAW them directly but for rain it is, you know in the masjid, and so on. Combining the prayers and for fear like war, fear, rain and travel. So where is the combining of prayers for sickness combinar prayers for the sort of fear of loss of livelihood or something of that nature, it seems that they are factoring in the heck, they're going beyond the idler, which is the immediate cause to the cause of the cause. The hekman

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you know, the rationale behind the immediate cause, or the effective cause, which is the head but only when it is very

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apparent and quantitative and measurable.

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One thing that we have to be so someone can say that the Hanged Man is dying, I'm above it, you know, to ensure that there is no pregnancies vitamin bobit. So, you know, should not be any more ad for women. Because nowadays with a lab test, we can figure out if she is pregnant or not.

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And the idea here is

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Aila is not always singular, and there is something called incomplete.

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And if the idea is not singular, then we cannot attach the ruling to one of them, we cannot make the ruling hinge on one of them. And in this case, what makes us comfortable that the idea is not singular? Like I told you, why would a woman who's postmenopausal have

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a Why is it different the duration of the, between a woman

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you know, modern

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woman Pollack, you know,

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the one who's having it after the death of her husband, and the one who's having the after divorce. So, it is we have to having said that, having said, Is it important to understand the idle and the Heckman understand that the idle and the hekima for some of the contemporary applications that we will come to discuss later, if the woman in here sort of hide the period, not menopausal yet that not have hired for an extended period of time? It's just her quit having height?

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What should we do now, should we should we say that she will have to basically wait if she knows the cause, particular sickness that made her hide sees?

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So, if we know the cause,

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they will say she would wait until she reaches menopause? And then she will have at the by the months, three months?

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Can we now say

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no, we should give her at first make sure that she is not pregnant, and then add the three months

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and make your way but, so now,

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even though

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that

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even though it is not only about the pregnancy, but it is important to know what they are and what the main handler is, because that is the main and to the point that some of the focus when they talk about the only mention that when a handler to ensure the lack of pregnancy. So it is important so that we come when we talk about contemporary fat, can we talk about the the eat, we'll talk about the new whatever their religion, we talked about how you are in fact what is should it be consequential that we can now know for certain whether a woman is pregnant or not should it be consequential to these rulings? Yes, it will not basically demolish the whole sort of structure, but

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should it be factored in should that be taken in consideration? And that is what we sort of came to adopt.

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You know, Hamza, actually, and you will not find a lot of councils and a lot, you will not find that this is quite common. But this particular hub

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comes from

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and I remember in this meeting, that there was

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the the meeting where we reviewed the AMS family court and reviewed all of these rulings, we had very distinguished scholars well grounded in knowledge some of our senior Messiah, Chef has in common percentage if it settles, at shift hamadryad man, Chef Omar Suleiman, Alaska,

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Chef matahari

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many of senior Moroccan certainly salasar we ship Mohammed is a Heidi and

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others so, so these sort of contemporary fattoush that you'll find that I'm I'll be citing the amser family code here or when I say mamzer family code.

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These discussions were had in the presence of some of the most distinguished senior

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masters mission life.

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And the day that they took in consideration the the main idea, which was the ensuring of the lack of pregnancy,

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when they discussed the various rulings that are pertinent to write it on the waiting period. So that was, I guess, an important introduction.

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The safer than? So the first thing that she started by is this saying there is no binding on a woman whose husband left her during his life. And why is he saying during his life because there is either even before consummation, if the husband died

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without having intercourse or seclusion with her before the consummation of the marriage, you know, consummation of the marriage was countered by either intercourse or seclusion. So before consummation of the marriage, you know, some of the local minimum commandments are one of America and I'm gonna have that in Tampa. So, if you marry them and divorce them, before you touch them, then there is no agda that you should count against. So,

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when we come to this discussion, because there are a lot of variables here, it is important that you have a hierarchy or you use an algorithm, use an algorithm. Let me start with the algorithm. So that when we have the discussion, you will have the map clear in your mind.

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Okay.

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behaviorism is

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the most important variable here is which one?

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conservation? That's a good one.

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No, but No, that wasn't what was determine this.

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So conservation is a variable, an important variable.

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Is she pregnant or not an important variable that she had periods are not menstruating. within her menstruating age, that's an important variable. When she divorced, her husband died. That's an important variable. How do you prioritize the variables?

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That's that is where you want an algorithm. The first question you have to ask is

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are she pregnant or not?

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Because that's the most important variable that overrides anything

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that overrides anything, or she pregnant or not.

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Pregnant?

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Yes.

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No.

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She was pregnant.

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What is her I had done until childbirth delivery.

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If she is not pregnant, what would be the next question to ask?

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No, not conservation.

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That sort of therefore divorce?

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death or divorce?

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Okay, so let's say death. Death.

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Yes.

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No.

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Okay. He has no, he has

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for less than four months plus 10 days

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unless she was pregnant, because that's the first thing I started when we were done with a pregnant. Okay. So that's yes or no, yes. Four months and 10 days? No. No, right.

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What would be the next question? consummation?

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No, no, we said that my wife is if she's not if it if it's not that it has to be divorce. So yeah, so no death that it means divorce. So if she was divorced, then what will be the next question?

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Keep in mind that I just wanted to tell you one thing that may be pertinent here, that if we're talking about a bottleneck

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bartered in the care.

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That is invalid nigga there is no waiting period. facet nikka that is invalid according to us combat ease, but some of the scholars, you know, consider that there is a waiting period

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Xena for education without nikka there is a waiting period.

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So because the waiting period here is to ensure and and and certainly it's controversial whether there is a waiting period or not, but at least according to us combat ease there is a waiting period after Arizona and it is just like the regular waiting period for them with a locker for the divorce woman.

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So, is that is that clear? Because they told you that, you know, consummation would come right after because if it's not death, it's his divorce, but I just wanted to say some contingencies here.

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facet Nick will be treated as maker when it comes to this, which is the fastest irregular maker, not invalid, irregular meaning it is not, does not count according to us. That is sneaky without willy nilly without our lay. We have baddies don't count this. This is not Medicare. But the harpies do the Maliki's to some extent with some women recognize this. Therefore, we cannot say that this is bottom invalid and inconsequential, completely inconsequential. So to respect the disagreement, we will basically treat this as consequential even though it doesn't it's not really

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the proper makeup for us. But so that is facet nikka. Barton nikka. Invalid is when she married in her period. Does anyone with any scholar approve of this marriage? No. So she married in her period knowing everything she does is this facet and the Capra Barton nikka bothand invalid no scholar validated is there is there a waiting period to be observed after a bottleneck?

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No.

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But what if they had intercourse, then she would observe the waiting period not according to the honeyberries although Hana fees and shefa is not considered a waiting period for the Zener

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not because of the amount of respect for the nicad self. But because there was intercourse there needs to be ensuring that lack of pregnancy. So the combat is in the authorized position, then we require in a waiting period that is just like any divorce moment.

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These are some important contingencies, going back to our algorithms going back to the our algorithms and here, you know,

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consummation

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yes and no.

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has a management consummated, yes and no. We're actually writing over here

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and yes here

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No,

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right no here

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Can you hear because I want to branch off from yes, no, then there is no waiting period right. Now, there is no waiting period. What if it is yes. What would be the next question to ask

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Hmm.

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No,

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that will be observed whether the divorce was finalized with the course finalized without recourse and finalized

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whether it was

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fast announcement whether it was you know in a capsule for handicapped facet whether it was whatever you know, I that would be observed even would be observed after is in

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exactly. The next question to be asked is had him in selected o'clock meaning is she in

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minutes waiting age.

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So, in that or whether it let me have them in a corner

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when there is no human segment or

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whatnot in your head while Matt is running around him down. So well I isn't even in Sacramento.

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For those who have who are menopausal like they're they can't have menstruation anymore. Have your women there at the three months

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And those who did not have who did not have

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their period there

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is also three months now. So within that age, you know, which is let's say between 10 to like 50 or 55

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minutes administrate engage when she is having her minister periods.

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So

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we'll say minister waiting or not minister waiting or not

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then

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yes

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and no.

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If, if it is no What is it? Three months?

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If it is Yes, what is it?

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three periods.

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What are the three periods from Betty's and Hannah fees?

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menstrual periods. shafa is a medic, he's in another position in the homebody meth lab.

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Three pure periods, three months, four periods, three periods, I guess.

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Okay. So Is this clear?

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You have to follow this algorithm to figure out that every first question pregnant or not pregnant, childbirth, not pregnant, was a death or divorce death for months and 10 days regardless of anything consummated, not transmitted regardless of anything forms and then days, not death, there is divorce, and even an occasional facet will this will apply to any facet is then I will also be applicable, and so on. So

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consummated, not consummated

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is the next question not consummated. There is no period to be observed

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at all consummated, and she met him in her menstrual age or not. Yes or no? No, she would have to wait three months. Yes, she would have to wait three

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miniature periods according to the hand bodies and hobbies or, or three or pure periods according to the Maliki's interface and a position and readiness

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okay.

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Stream over the US

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should have left it

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anyway.

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So then the shakes and whatnot at that we are about

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to find the 200

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millimeter main

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Katia, Tabatha Athenaeum in Houma. Well haven't already done Cody B. C, Ruby.

00:28:07--> 00:28:11

C, Ruby, Emma to own my wallet metabase v a woman.

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The women are observing that they belong to one of four types first, those who are pregnant. That is until they give birth. So the first thing that we started with is pregnancy. If a woman is carrying twins, her head is not over until she gives birth to the second, the pregnancy whose end brings about the conclusion of the IDA and which gives the slave woman the status of Mother of Mother of the Masters child is that which has discernible human features is that which has the certain level human features. So bottom line, when does the pregnant woman's right.

00:28:56--> 00:29:20

And upon childbirth, when we talk about childbirth, if we have multiple, you know, multiple sort of fetuses, which when does it end by the coming out of the last fetus, completely coming out of the last fetus, so her there's nothing in the womb now.

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Okay, and, but which pregnancy counts in this regard.

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Like if something came out that is not discernible as human, what this count now we will count will not count this as a pregnancy. So the pregnancy that will count in this regard is when she gives it when she delivers, whether it's a library alive or dead or anything, but when she delivers something that has human features that we can recognize that it is was actually pregnancy. Now in our times, she

00:30:00--> 00:30:12

We asked the experts or not ask the experts, actually the doctors, because the means that were seen by which Allah subhanaw taala

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to which Allah subhanaw taala attached this reading a lot did not attach their learning to a particular means a particular was similar to

00:30:24--> 00:30:49

therefore, it says about, you know, extra expertise of the experts. So, when the midwives used to say, this was a pregnancy, we believe them, should we not believe the doctors now? Do the doctors have more advanced sort of ways techniques to figure out if this was pregnancy? Yes. And then so, we'll just go by what the doctors say.

00:30:51--> 00:30:54

Then the she said a 30 allottee

00:30:55--> 00:31:04

if anyone has an prior arrangement, please don't hesitate to leave in the middle of the class. I'm just, we just started this, so I'm just going to finish it.

00:31:07--> 00:31:36

But Sorry about that. Anyway. Sani allottee to fee as well. 240 nr bottesford Ashwin wacha? Well, email must remain very calm a couple of months easy about it was our second after the pregnancy. The second question to ask those whose husbands have died, they wait for four months and 10 days. This is the same whether that's happened before or after consummation before or after consummation. So without consummation.

00:31:38--> 00:31:49

There is no idea if we are talking about separation during the life of the two parties, but there is if it is about the death of the husband.

00:31:50--> 00:32:01

So the second is the his death when the husband dies, she waits for months and 10 days a seles

00:32:02--> 00:32:04

at the Motorola Khartoum exalted opera.

00:32:07--> 00:32:16

House our Guru guitarra butterbean fusina ferrata Kuru Third, the divorced women who menstruate they wait three quarters.

00:32:21--> 00:32:49

Does he talk about the quarter here? Anyway, we talked about the quarter and it is the Minister of periods according to the authorized position the prophets of Salaam said Am I myself am I applied leave the prior during your the days of your Accra, which hints to the fact that core is the minister period is not the PR period. It's a huge controversy among the scholars because core is

00:32:50--> 00:33:16

47. Meaning could mean different things. It could mean. It could mean that period, the pure period or the menstrual period in the language. That's why they disagreed within the language of the Prophet, it seems that he used that to refer to the menstrual period. And that's why the 100 is 100. He's considered the core to be the menstrual period. Okay.

00:33:19--> 00:33:24

So women who are in menstrual age, they weigh three quarters.

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And like I said before, when you wait three quarters that means that three complete menstrual periods. If he divorces her during one that will not count, she will have three complete menstrual periods. But for the people who count by the pure periods, if he divorces her during one period period, does this count as the first Yes it does. During a pure period, that period will count as the first period period during a menstrual period, that period will not count for the people who count by the menstrual periods will not count as the first

00:34:07--> 00:34:08

period period.

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Then the shift cetara bialetti, esna minima, hatred bitterness are referred to as your heaven for those who are postmenopausal or pre monarchial. Their waiting period is three months is three months. How do you counter them the three months he divorced her.

00:34:32--> 00:34:33

Okay, Muharram

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fourteens

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and then we have suffered.

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And then we have an RB

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one

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and then we have Robbie

00:34:55--> 00:34:57

concerning

00:35:00--> 00:35:23

Okay, so they forced her on 14th. How does she figure out the three months? She went have to wait until the end of Muharram to see if Muharram was 29 or 30 days. If Muharram was 29 days, then how many guys she waited on haram 15

00:35:24--> 00:35:33

as Muharram was 30 days then she waited 16 Okay, so she went, wait all of suffer.

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Wait all of Ravi Agarwal

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how many days of RBI stanny will she weighed?

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Depending, you know, 15 or 16 Muharram was 29 days, she will wait 15 days

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of Muharram was 30 days. I'm sorry, she was she that would be 30 minus, it will be the opposite

00:36:05--> 00:36:13

Muharram okay. So Muharram was 29 days, so she waited 15 days in Harlem.

00:36:14--> 00:36:18

How many days are left 30 minus 1515

00:36:19--> 00:36:34

Muharram was 30 days so she waited 16 days and Muharram how many days are left 30 minus 16 is 14. So 15 or 14 days?

00:36:37--> 00:36:41

Then she says why OSHA turbo Sumatra

00:36:42--> 00:36:43

Fimo the

00:36:45--> 00:37:16

Hydra Hydra Morocco finastra SATA SATA some metadata do editor I said we're in artifact modified hide in Adam desert v edit in hetero that Haiku photography it is prescribed to wait beyond that either in three situations. First, if our ministration ceases without a known cause, in this case, she waits nine months. And then she observes the eye of the postmenopausal woman.

00:37:17--> 00:37:34

If she knows what caused the cessation of her menstruation, she continues to observe the content, her ministration resumes until her administration resumes. So now she is 30 years old.

00:37:35--> 00:37:37

Should be a minister of age.

00:37:38--> 00:37:46

She's not, you know, she has secondary amenorrhea. In other words, she's not having her periods.

00:37:48--> 00:37:57

Months going in, she doesn't have her period. So what are we going to do here? So they said that she no

00:37:59--> 00:38:15

knows what caused this or not? She knows Yes, she doesn't know. No. If she does not know what caused it, it will be nine plus three, nine, because that's the average or common period of pregnancy plus three

00:38:17--> 00:38:30

months for the women who do not minister Wait, okay. Yes, she knows what causes the period. And she waits until you know,

00:38:32--> 00:38:36

she, she she waits until the age of menopause

00:38:39--> 00:38:41

and then as the months

00:38:42--> 00:38:55

so she could wait, you know, quite a long time. So that is that is when the amser family quote unquote said to both cases,

00:39:00--> 00:39:01

Pregnancy Test

00:39:04--> 00:39:07

plus three months

00:39:08--> 00:39:11

because the Sahaba when they said nine plus three

00:39:12--> 00:39:19

and that is the exam that came from this. There is nothing wrong with the prophecies concerning this. It's the heart of the Sahaba you know that

00:39:21--> 00:39:39

when they said nine plus three, they wanted to say nine because that is the part of the sort of the common duration of pregnancy plus three. So can we remove the nine now because we can tell for certain if she is pregnant or not?

00:39:41--> 00:39:58

Yes, but we we cannot remove the three because that is not only about the pregnancy. So we're keeping the three but we're removing the nine because the what what can we what we can do is that there is no pregnancy so we do not need the nine that is the

00:39:59--> 00:39:59

the point in the

00:40:02--> 00:40:03

Okay.

00:40:05--> 00:40:27

And as I said and as I told you before, the under family code was discussed in the presence of some of our great senior Masonic such as Sheikh Hasina, who died recently shefali seleucid supervisor Hadean, Allah also, Chef, Hamada, finance manager, Diana Ross crab

00:40:29--> 00:40:31

and six lasallian chickahominy. Heidi

00:40:34--> 00:40:35

and many others.

00:40:39--> 00:40:39

Okay.

00:40:42--> 00:41:03

Then the shift said the second condition where she died there will be more than this is when her husband goes missing. The Santa Marta Moscow de la de Fuca FEMA halakhah, woman vena cava, waterbus albasini, Tata, tata dudhwa, when focus, if he has 10

00:41:06--> 00:41:43

seconds, the missing husband who was lost in a dangerous situation or place with his whereabouts and condition unknown, his wife would wait four years, and then she will observe that for death, or of her husband, if he went missing in different situations such as traveling for business or the like, then she cannot marry until she becomes certain of his death. So, clearly nothing came from the prophets, I saw them evolve this, this was presented during the climb of armor, and someone went out to pray it and did not come back.

00:41:44--> 00:41:54

It was not that he was lost in a perilous condition, he just went to prayer, he did not come back. So Homer said that she would wait for four years

00:41:56--> 00:42:04

after the four years, and she would have four months and 10 days, because he would be declared dead. So sort of declared that.

00:42:06--> 00:42:08

So four years, four months and 10 days.

00:42:10--> 00:42:17

Now, Omar did not say that she would wait until, you know, it's clear that he

00:42:19--> 00:42:28

died. This was a report from ATI, and some reports from the prophet or something, but it is not authentically traceable to the profit at all. So

00:42:30--> 00:42:36

nowadays, the laws have tried to lighten that burden.

00:42:37--> 00:42:54

Hamza code says that the woman will take her case to the judge, and the judge, you can separate her from him because of a better palapa data that is court enforced divorce because of the harm

00:42:55--> 00:42:56

because of the harm.

00:42:57--> 00:43:11

Because if we say that she would have to wait, the other position in the company method that is considered authorized that she has to wait until he reaches 90 years of age, and then she waits for months and 10 days afterwards.

00:43:13--> 00:43:29

And that, certainly, because keep in mind that like here in America, how often do people get married, and then the husband sort of dissolves? You know, how often have you heard from sisters that their husbands are missing?

00:43:31--> 00:43:43

So they go to a different state, and they just never, you can never find them? Did you go missing? Should we did all those sisters wait until he is 90 years

00:43:47--> 00:43:52

of age and then make it for welfare? That certainly would be

00:43:53--> 00:43:58

that would not be appropriate anyway. So in the MJ family court,

00:43:59--> 00:44:07

the ruling about this as take go to court to the court, do your best to hire to sort of

00:44:09--> 00:44:21

figure out the whereabouts of that person and reach out to him the court will try to do this and if unable, then

00:44:22--> 00:44:28

sort of energy of the court or enforce divorce because of the harm and

00:44:29--> 00:44:31

that is

00:44:32--> 00:44:33

what

00:44:34--> 00:44:35

was right.

00:44:37--> 00:44:40

Then the sheikh said services are targeted more about

00:44:41--> 00:44:59

Mr. Ratan ham Lambton cataratas with a Reba for in Mecca hatami as a honey careful enter debit Botanica Hello I'm Dr. Nicola Ella in Halima Tanaka, Hamad, sir if the woman doubts the end of her head after its conclusion because signs of pregnancy appear she cannot

00:45:00--> 00:45:20

Marry until the doubts and if she marries her marriage is invalid. If she starts to have the doubts after she marries another man, the marriage will not be voided unless she comes to be certain that she was pregnant when she got married.

00:45:23--> 00:45:35

So, that woman, you know, is still after her at the end that is still, you know, not sure.

00:45:36--> 00:45:53

You know, field something not sure that she's not pregnant. She must not marry until she is confident that she is not pregnant. If she marries her marriage is invalid.

00:45:54--> 00:46:02

What if she gets married, and then she starts to feel that I may be pregnant.

00:46:03--> 00:46:15

She got married first. And then after that, she starts to feel something and she fears that she may be pregnant. What does she do in this case?

00:46:17--> 00:46:22

The marriage is not invalidated because when she got married, she was not in doubt.

00:46:24--> 00:46:31

So the marriage will not be invalidated yet they cannot have intercourse until the doubt is removed. content without is removed.

00:46:34--> 00:46:35

And then

00:46:41--> 00:47:00

when a woman gets married during her, her marriage is void and the two must be separated from food cabinet mcnabola who attend mottaret in Canada, the whole panatela had to try them in hinda Hasani was the NFL today that is Sony, Nicaragua bah bah bah.

00:47:01--> 00:47:17

If they are separated before the consummation, she then finishes the IDA for from the first marriage. If the separation takes place after the consummation, she resumes the IDA charm the first marriage which was interrupted at the time

00:47:20--> 00:47:38

of the consummation of the second marriage, after the end of the idea from the first marriage, she will observe and you she will observe and you another ad from the second marriage, he the second husband may marry her after the conclusion of both

00:47:39--> 00:48:31

I will read the next paragraph so that we get done and this is the last thing in this chapter. We added biala demeanor hiding him and cover be added to the laughter in American economy in Houma. coriell carpha for only a cabin man had a home in Houma one gotta be here the two men that want to be at that would have been who uttered that law if she gives birth to a child the front one of them hear from him ends and she continues her head from the other end of the child could possibly be from either one of them then he or she will be shown to the physical physique economists physio economists coffin and attributed to whoever or whomever they attribute him or her to her ad from the

00:48:31--> 00:48:49

one who gets the child is in the hand at the from the other one continues. Okay, it's complicated, but will be easy inshallah. So, she got divorced from the first man and in her head that she married the other man.

00:48:51--> 00:48:54

So, so divorced from the first man.

00:48:59--> 00:49:00

So, marriage

00:49:03--> 00:49:04

to

00:49:07--> 00:49:08

second man

00:49:09--> 00:49:10

during died

00:49:14--> 00:49:14

during the

00:49:16--> 00:49:18

now, what do we do here?

00:49:20--> 00:49:31

We separate between her and the first we will have to ask a question. Question consummated or not that she can't see me to the second man or it was only a contract.

00:49:34--> 00:49:57

So, prawns you mention? Yes, no, if she did not consummate with the second man is there I prefer the second meant to observe now. So we will separate her from the second man. Then she will observe that therefore the first one only

00:50:01--> 00:50:05

finish her idea from the first one.

00:50:10--> 00:50:10

He has

00:50:11--> 00:50:21

no separation because the marriage is invalid. You don't need to divorce them. The marriage is invalid divorce happens only after a marriage. This is an invalid marriage separate them they are not married.

00:50:22--> 00:50:29

So then she finishes her either from the first man. Can she go back to the second man?

00:50:30--> 00:50:31

Yes.

00:50:32--> 00:50:34

Yes, she can go back to the second man.

00:50:35--> 00:50:40

Okay. And that's according to all of them. She can go back to the second man.

00:50:41--> 00:50:50

Despite the fact that she got married to him and during guided. Why because they have not consummated the marriage. Yeah. What if they consummated the marriage?

00:50:51--> 00:50:53

What if they consummated the marriage?

00:50:55--> 00:51:08

In this case, if they consummated the marriage, we will separate between them. So they consummated the marriage. And so you know, so after one month of her,

00:51:12--> 00:51:13

they consummated the marriage.

00:51:18--> 00:51:37

All of the time where we were, they were together having sort of marital relationships, that would be an interruption of that. From the time of separation when we separate. When she's separated from the second man, she observes the rest of the, of the first man.

00:51:38--> 00:51:46

And after that ends, she observes at that for the second man.

00:51:47--> 00:51:48

And after that,

00:51:51--> 00:51:54

of course, you can go back to the first. But can she go back to the second?

00:51:56--> 00:51:59

The majority said, Yes, she can go back to the second.

00:52:00--> 00:52:18

Even though there is a controversial report from Omar, that he should not that they should never go back together. But the majority said, even if this was in, she can get married to someone who with whom she can methods in. So she can go back to the

00:52:20--> 00:52:26

to the second man, you know, afterwards. Now,

00:52:27--> 00:52:27

if

00:52:29--> 00:52:37

she gave birth, she got she got married during her. And then she gave birth, while she is with the second men.

00:52:41--> 00:52:54

If she gave birth before six months from because what is the shortest duration of pregnancy six months. But unless the experts say that the child was born prematurely, that would be a different story.

00:52:56--> 00:52:57

But

00:52:58--> 00:52:59

in classical

00:53:00--> 00:53:06

if she gave birth before six months from the second marriage,

00:53:12--> 00:53:26

if she if she gave birth before six months from the second marriage, then we will know for sure that this is the child of the first husband or second. First.

00:53:27--> 00:53:59

If she what is the longest duration of pregnancy for four years, but not for four years, according to the majority Hana fees and another position and somebody might have said to have been hasn't said nine months, Mohamed said one year, most of the laws and Muslim countries go by one year, because that is adding a little bit of cushion for safety after the nine months, like post terms, usually they don't go beyond 10 months. But yeah, that a bit of question.

00:54:00--> 00:54:15

And then one year would be the most reasonable one. That's the position of Muhammad Abdul Hakeem. He was the student of him ematic and became Shafi and then went back to being an American one more time and so on. But that that's the law in many of the Muslim countries.

00:54:16--> 00:54:21

But for for them for the honeyberries. And the you know, for the majority, it was four years.

00:54:22--> 00:54:26

So if she gives birth, after four years from

00:54:28--> 00:54:33

separating from the first separating from the first

00:54:35--> 00:54:52

and six months from marrying the second, then we know for sure it is the second, not the third, the second trial, not the first, because, you know can be from the first because it's more than four months after separation from the first four years of frustration from first

00:54:53--> 00:54:58

what it is between the six months and the four years

00:55:00--> 00:55:22

So it is after one year from the second marriage, but it is dead within two years from separation from the first husband for one year and one and a half years, from separation from verses one, what do how do we figure this out physiognomies coffer to figure out if he belongs here, there.

00:55:23--> 00:55:31

But nowadays, DNA, yes. Nowadays we use DNA to figure this out. We use DNA to figure all this stuff.

00:55:33--> 00:55:37

But so we will use DNA to figure this out.

00:55:40--> 00:55:55

When we figure it out, that the whoever this child will belong to wherever this child would belong to the head from this man will end upon childbirth, and she wouldn't need to observe

00:55:57--> 00:55:58

her ad from the other one.

00:56:00--> 00:56:12

after childbirth, afterwards, after the tour at this, can she go back to the second man? The majority said yes.

00:56:14--> 00:56:17

Medic and how many positions said no.

00:56:18--> 00:56:20

Medic and how many positions said no.

00:56:22--> 00:56:37

And keep in mind that the majority said yes. The Hanafi xinja is said yes, she can go back to the second immediately after she finishes her ad that from the first she does not need to observe another ad

00:56:38--> 00:56:39

from

00:56:41--> 00:56:49

the second just but the combat he said no, she can go back to him. But after after she observes to add this

00:56:50--> 00:56:57

idea from the first and then add the from the second and then she can go back to whichever one of them she wants to go back to

00:56:59--> 00:57:00

the other stuff a lot a lot

00:57:02--> 00:57:16

tougher to like we have only 15 minutes to end because the master the master they have an event in 15 minutes. So you'll have 15 minutes for the most pressing questions about these topics.

00:57:18--> 00:57:19

Yes