Tom Facchine – Riyadh al-Saliheen and Women’s Q&A #25

Tom Facchine
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The speakers discuss the importance of hardship and the idea of divorce in Islamic law. They emphasize the need for a trial to determine the relevance of hardship and the importance of a satisfaction test. They also address the issue of divorce and the length of waiting periods, highlighting the need for a new marriage or dowry. The speakers emphasize the importance of knowing the timing of divorce and the benefits of waiting for the right moment to reconcile couples.

AI: Summary ©

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			Bismillah R Rahman r Rahim Al hamdu Lillahi Rabbil Alameen wa Salatu was Salam, ala Ashraf and MBT
one more saline novena or put Wartsila Mohammed Ali here full of sorrow as clitoris Nene Allahumma
Islander Vivian Ferrando on fat I mean I love to know was even when you're on the line me Salam
aleikum wa rahmatullah wa barakato. Everybody, welcome Thursday evening to our ladies class realice
on Hain and now currently the fifth of divorce.
		
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			In addition to any other questions that
		
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			you want to have answered, we haven't had any one send in questions for a while. I hope that's a
good sign, not a bad sign, please don't hesitate.
		
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			And
		
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			away we go. See.
		
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			Today we get to start a new chapter
		
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			in the reorder saga in
		
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			the Arabic classroom, you know, we have reached chapter three. So chapter one was about a Nia
intention. Sincerity. Chapter Two was about Toba repentance.
		
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			And chapter three is about our Saba
		
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			which is usually translated as patients this particular one has steadfastness. And both of them are
perfectly fine translations. As is, mmm, a no ease style. In this book, he begins with chapters from
the Quran.
		
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			So he begins with the final idea of Surah Al Imran Yeah, yo Halina Amador spiddal Wasabi, it'll all
you who believe, endure and be patient or as this translator would have it, Be steadfast, and be
supreme and steadfastness
		
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			then he quotes another and sort of sort of buffer.
		
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			Well, I never knew when Nico B che immunol how he will do or anyone ever seen me and while he will.
Firstly what's the Murat Wabash it is saw between
		
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			Allah says, We will certainly test you with a determined amount of fear and hunger and loss of
wealth, and life and fruits, literally and figuratively, but give good news to the steadfast.
		
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			This idea is extremely significant. It's one of the pillars of our faith, of our expectations in
life of our sense of destiny. And it's one of the ways in which Allah sets our own expectations for
what we are going to experience in this world.
		
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			Allah says that, certainly he's going to test us, okay, so nobody should imagine. Nobody should
expect that they are going to have a life that's like a bed of roses, as we say, just complete good
times, all the way. Or to put it in an economist terms, you know, kind of the parabola ever
increasing happiness and joy in life. There are some kind of
		
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			people out there, or voices in the media that make it seem like that's what our life should be, that
our life should be just like, ever increasing happiness and joy. And that's simply not realistic. If
you try to make that your life, something's going to have to give a last bound to Allah, he's
telling us we should have a different expectation of what life is going to be like, it's going to be
more like a sinusoid. It's going to be up and down. Right? We're going to have high times where
Masha Allah, everything is just rolling. It's great, it's beautiful. You love your life, you love
your family, you love your job, or whatever it is that you do, whatever fills up your time. And
		
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			there are other times in life that are going to be extremely difficult. You're going to be in
situations you do not want to be in, in situations that you can't see the way out of it. You can't
see where the end is or the light at the end of the tunnel. You're going to lose things in this
world, your parents, your family members, things like this, you know, God forbid, but it happens
also children, you know, people that are close to us and it's going to be difficult. It's going to
be difficult. So what does Allah say? First of all, he tells us
		
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			He's going to test us, this is a certainty. And then the second thing is he, he sets our expectation
as to what are the types of things that we can expect to be tested with. The first one is fear.
		
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			I find that significant fear, you know, hopefully,
		
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			because sometimes our this refers to, you know, fear that is real, like physical safety, but also
just anticipation and worry. Isn't it true in life, that we've had things that have happened to us
or that seem like they're going to happen, and the amount of worry and anticipation and anxiety that
was produced by that thing
		
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			was actually worse?
		
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			Then
		
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			the thing that actually eventually ended up happening, or maybe nothing ended up happening at all.
		
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			So the first thing Allah tells us is that he's going to test us with fear. How does one get tested
with fear, to see if one can maintain their faith, their equanimity, that even if you're burning up
on the inside with anxiety, and worry, which happens to all of us from time to time,
		
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			at least you're going to have a baseline level of decency and piety and righteousness, you're not
going to get in a situation where you just turn your back on Allah and Islam and let everything go.
		
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			This is the point of testing us with fear.
		
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			Then what does Allah say he's going to test this with, he's going to test us with loss or with
hunger, first, with hunger.
		
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			This is deprivation.
		
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			of basic necessities,
		
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			which many of us, in today's day and location many of us have never really faced?
		
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			And a lot, you know, we praise a lot for that. But many of us do, many of us have faced this sort of
hunger.
		
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			hitting our basic needs. It's a test, if fear was a test to see how we would respond in the face of
emotional crisis than hunger is a test to see how we're going to face a physical crisis or a crisis
that threatens our, our livelihood?
		
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			Are we going to be tempted to dabble in things that are not permissible? Are we going to keep our
dignity and our values, even when we feel like things are on the line.
		
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			And then finally, loss of wealth and life and fruits with them rot?
		
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			Right, we could put property in there. But the last one, even though the language is specific to
thermal rots, which is the produce of anything,
		
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			right here, coupling all these three things together, wealth, and life and fruit,
		
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			wealth and life and produce product to the product of what you've earned.
		
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			Because wealth, you might have inherited it, you might not have earned it or seen it grow. But some
of the things that result from your hard labor and your work. It's extremely trying to see those
things go up in smoke
		
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			to be completely wiped out. You have a home, a flood comes,
		
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			or a tree falls on top of it or a hurricane come something like this.
		
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			Your wealth one day, you have a secure job, you have a secure sort of situation. And then economic
downturn, recession, depression, you lose your job.
		
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			Now everything is unstable, your life included in your life as your health.
		
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			One day you're able to walk and everything's fine, you're able to do everything and the next day
you're bedridden.
		
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			your very existence is in question. Either you or those that you love. All of this is part of
Allah's destiny. And it's not separate in any way
		
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			from what Allah has destined.
		
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			But it gets to the issue, okay, if Allah loves us, if Allah wants us to succeed, then why does he
give us this hardship? Why does he allow the creatures that he loved to experience such grief?
		
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			The answer is in the beginning of the idea to test you, not just for the sake of the test, but
because when we said this in the clip of the other week, a law gives us what we need
		
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			to produce inside of us. The virtues that we need to get to where he wants us to be
		
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			where he wants where we're at is right here. And Allah loves us. So he wants us up here. But guess
what, we don't get to jump up there for free. There's a price to pay.
		
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			And that price to pay
		
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			is the hardship and the trial that Allah has destined for us.
		
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			Even things that are mistakes, we said the story of Osama who sounded insane how he killed a man who
had said the Shahada. And the Prophet SAW, I said, don't really let him have it.
		
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			Because it was a terrible mistake.
		
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			And as embarrassed and humiliated, and sad, as that mistake made him, it actually gave him an
essential lesson that he never forgot after that. So once the Prophet SAW Selim died, and the
Muslims were fighting against other Muslims, and things were chaos,
		
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			he took the lesson from that previous hardship, and he applied it, and he kept himself out of harm's
way.
		
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			So all of this is for a test. And so what's the relevance is that after all of this, Allah is
building our expectations. He's telling us what's going to happen. And he's told us why.
		
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			To test to examine. And then he says, Well, this year is Savina. So give good tidings give glad
tidings to the steadfast, good news.
		
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			Because everybody is going to go through it anyway.
		
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			Nothing that you can do is going to change it.
		
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			And so who are the people who are going to come out on top?
		
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			After these sorts of tests, it's the steadfast the people who are patient, a Sabeti.
		
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			They are the ones who understood the role of that hardship in their lives. They're the ones who
understood the source of the hardship or at least who will the hardship Allah subhanaw taala in the
first place. And they are the ones that trusted
		
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			us, Allah who sent the hardship.
		
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			They trusted a lot to bring them through that hardship to the end. And because of that trust, Allah
will reward them and they have good news
		
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			what type of good news Allah says it in the next area that email Malawi quotes he says in the map,
you are for sabe, Rona agile our home BYOD he sab and Surah to Zuma.
		
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			I was found to Allah says that the people who are steadfast and patients
		
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			are going to be paid in full, their wages or their recompense, better their reward, without any
reckoning.
		
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			Right? Imagine we're talking about hisab is like an accountants recommend, like okay, you pay five,
okay, I give you five.
		
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			There's not going to be any sort of reckoning or accounting with the patient. Allah is going to just
give and give and give over and beyond, over and beyond what you put in. That's for the patient. It
also means that for the people who
		
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			reach
		
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			the reckoning, Allah sets up the scales, he's putting your book of deeds in the scales.
		
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			That's not going to happen to everybody. There are certain people and this group of people the
steadfast and the patient are among them, Allah Spano Tata is going to let you
		
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			go through easy paths. You don't have to stop at the scales, you can just go on through you've gone
through a lot. You have been patient you have been steadfast and so you know, you just go right on
ahead to the next station
		
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			Allah says, was there a novice somebody was salah,
		
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			and so on, so Bacara
		
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			we're gonna skip over this one because there's a longer discussion about the legal point behind it,
but the general point for our sake, Allah Almighty says Seek help in steadfastness and patience and
the prayer will stay you know, this summary was salah, a Samira Good question. Okay, let me just
finish for si and I'll get that seek help and steadfastness and the prayer Allah is with the
steadfast in the law sabe Allah is with those who are patient the law is with those who are
steadfast
		
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			How do we tell
		
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			On
		
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			our sister Samira asks, whether we are being tested
		
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			or whether we are we are being punished.
		
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			The two are not mutually exclusive
		
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			because even Allah's punishment,
		
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			Allah's punishment is not simply retribution.
		
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			It is also
		
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			opportunity for redemption.
		
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			Right.
		
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			And what I mean by that
		
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			is that Allah gives people opportunities to turn back.
		
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			And sometimes the opportunities to turn back come via ease, right, something that you weren't
expecting to be as easy as it was something that ended up great, and you were kind of uncertain as
to how it would turn out.
		
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			And then sometimes Allah subhanaw taala gives us an opportunity
		
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			through hardship.
		
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			In one sense, that hardship is a punishment,
		
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			because perhaps it is the consequence of previous mistakes and poor decisions that we've made. In
that sense, there is sort of a consequential punishment to it.
		
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			But what really determines in the grand scheme of things, whether it's a punishment or a test is how
we react to it.
		
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			If we recognize the source of this thing in our lives, that it is willed by Allah and it has willed
by Allah with wisdom, because Allah does everything with wisdom.
		
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			And so we put our trust in a lot to bring us through it, to get to the other side, and we don't
transgress against Allah,
		
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			during this period of hardship,
		
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			then it's a test and we've passed.
		
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			If we despair,
		
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			or if we
		
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			transgress, when hardship comes, if we get arrogance.
		
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			If we say why me, I've done all of this, I've done so many good things, I don't deserve this.
		
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			This is not my fault. This is not fair.
		
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			And we rebelled. Either with our hearts and our intentions or even with our actions.
		
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			We try to make threats
		
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			with Allah. If you don't give me what I want, then I'm going to leave Islam, I'm going to stop
praying, at cetera, et cetera.
		
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			And this is a punishment.
		
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			This is a punishment because the result has been that one's heart has gotten a little bit harder
throughout the process, and one has completely squandered their opportunity for redemption.
		
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			Does that answer the question or No?
		
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			Allah gives aid to the patient. That's what I lost as a novice somebody was solid. in Allah and XIV.
Allah is with the patient. He gives aid to the patient in this life and the next.
		
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			And this life because the patients are not as afflicted, they're more even keel
		
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			than those who are not able to be patient throughout life's ups and downs.
		
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			And Allah is with them in the afterlife, in terms of their reward and recompense for their trust in
Allah.
		
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			Then finally, the last idea that even though he cites
		
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			he says,
		
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			one another one Nicole heptane. Now lemon Mujahid Dina Milliken was sabe ringers and Sora Muhammad,
similar to the earlier IRA and surely we will try you and test you to see in order to see
		
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			who strives in the cause of a lot and who are the patient and steadfast
		
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			allies. Allah is very, very direct and telling us the whole reasoning behind it all.
		
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			Just like we have exam
		
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			is in school. Right? I always give this example to your, to your children at Sunday school and the
o'clock evening classes.
		
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			If we were back in school, and you know, you have your syllabus and everything and you're studying
hard.
		
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			And the person who is next to you sits, you know, across from you, they aren't doing a thing.
		
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			Maybe your lab partners and you do all the work and they get the grade, but you're kind of like,
okay, when we get to the test, yeah, you're gonna go down.
		
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			And you're kind of waiting for it. Because you know, they don't deserve anything you've been
carrying them.
		
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			What if the teacher were just to be at the very, very end? You know what, you guys are all great.
Everybody gets an A.
		
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			You've been working hard all all semester. And that other person they've been lazing it,
		
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			they've been totally chillin, you would be upset, and you would have the right to be upset because
this is not an act of justice.
		
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			This is an act that is unfair to the people who strive.
		
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			And so just like the exam, Allah gives us tests in order to distinguish, okay, who's the one that
did it put in the work? Who's the one that was steadfast who's the one that trusted me?
		
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			When it was hard to trust me.
		
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			Because it's easy to trust the law. When Allah has given us what we want, you get that house that
you really wanted, you get that career that you really want it. It's really easy to trust the law in
those situations, right? It's like, okay, I trust that Allah, this is gonna be good.
		
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			But the problem is when we get what we don't want,
		
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			that's when it's hard to trust the law. And so Allah can't treat both sides equally, he has to find
out, not because he doesn't know.
		
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			But to make it manifest to everybody.
		
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			So that it's undeniable.
		
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			Who are those who trusted Allah when it was difficult?
		
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			That takes us through the first half of the class. I don't want to cut into the fifth discussion too
much. Does anybody have any questions about any of this before we go to the second half?
		
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			Okay, today we're gonna get into some issues of difference of opinion after spending pretty much the
last two classes on establishing the wisdom behind divorce and what is basically the agreed upon
sunnah method of divorce, we said that it's almost like a clock, like a time lapse, and we did say
that we will talk about
		
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			other situations such as menopause, such as pre pre pubescent if that was if that was possible for
the sake of argument, or a woman that doesn't have a period. Okay. But for the menstruating woman,
okay, once an announcement of divorce is made, a clock starts ticking, okay, after three successive
		
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			menstruation or menstrual cycles.
		
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			If there has been no reconciliation and the divorce is finalized, what we mean by finalized is that
it now requires a new marriage contract and a new dowry to get married, even if it's between the
same people. Okay, within that waiting period of three menstrual cycles, the two people can get back
together however they want, verbally, through a night of passion through any sort of thing, any any
anything at all, that indicates reconciliation is considered reconciliation. Okay. And we'll talk
about the different conditions about that later. But we said that the scholars were adamant that to
announce for a man to attempt to divorce a woman during her period itself is an innovation and in a
		
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			sinful just like a man to try to divorce his wife when she is pregnant, is sinful. Just like a man
who tries to divorce his wife in a period that she's not on her menstrual cycle. She's not actively
menstruating. However, he has had intimacy with her since her last menstruation. This is not the
Sunnah. This is innovation, and he is sinful for doing it. All we're going to talk about today is
okay, it's sinful. Okay, it's innovation, but does it count? If it happens, does it go through? Is
it actionable? That's one of the things we'll be talking about today.
		
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			Yes, good question. We'll also get into it in a second. It is a condition that accepting, accepting
extreme circumstances, they have to stay together in the same house and the husband is responsible
for her livelihood and maintenance and everything else. Because that gives them a chance at
reconciliation, right? If she just went to her, you know, parents house, then what's the chance that
they're going to reconcile?
		
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			Now, there are exceptions to this, if there is any sort of physical abuse, or any other type of
abuse, or he's trying to punish her in some sort of way? Nope, then she can go, no problem. But in a
situation where that is not present, then she is required to stay there. Because this is the most
likely to yield reconciliation.
		
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			But we'll get into that in more detail as well. So
		
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			the scholars pose the question, okay. It is the, it is the Sunnah, like we said, an announcement of
divorces made clock starts ticking three menstrual cycles later. Okay. Now, let's say
hypothetically, let's say hypothetically, that
		
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			they allow those three menstrual cycles to elapse. And so the divorce is finalized. We said that
they've got three shots together as a couple, they get to have three
		
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			announcements of divorce, they can get married again, with a new contract and a new dowry and stuff
like that. But what if they divorced again, same thing, they can get married one more time, third
time.
		
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			And then if they get divorced a third time, then if it's finalized, they are not allowed to get
married again until the woman marries a different man first. And consummated. Not just a contract,
consummate a marriage to somebody else first. Okay. So three strikes, you're out. That's, and the
reason why this mechanism exists is to stop men from trying to punish or play with women with
divorce or use divorce to punish women.
		
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			Okay.
		
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			So if he plays around with it too much, guess what he has to watch? And has to see her go and marry
somebody else? And not just married but actually consummate the marriage. Okay, so the scholars
posed the question
		
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			is a man allowed to
		
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			pronounce divorce a second and third time within that first waiting period?
		
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			Okay, the waiting period is three months long. Three menstrual cycles.
		
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			Is a man allowed to just let's get it over with and I'm just going to, you know, every time you're
done your menstrual cycle, I'm gonna give you a new announcement of divorce so that we don't have to
go through to shut the door entirely. Right? Is this something that's allowed or not?
		
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			The majority, three out of four legal schools say no, this is not allowed. This is somebody who does
this as sinful.
		
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			And that is the Maliki method, and the Shafi method and the handling method, even though Abu Hanifa
said, It's okay.
		
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			He said they're not sinful for doing it, even if it violates the Sunnah. Even if it's not the son of
divorce, it's not such a big deal.
		
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			However, the evidence of the majority is very, very strong. And obviously, even Abu Hanifa would
agree that it violates the wisdom behind how divorce is supposed to happen. There's a reason why
Allah gave couples three chances. There's a reason why he allowed it to stretch out for the time
period that he did in order to maximize attempts at reconciliation.
		
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			The next question that comes up is okay, what if what if a person pronounces divorce, not just once
but three times? Not in three separate menstrual cycles? But all at once? We're all in one menstrual
cycle.
		
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			If somebody is really, really sick of the relationship,
		
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			no, the middle Good question. As far as I can see the ambiguity in my wording. No, the minimum time
for divorce is three months free menstrual menstrual cycles. Okay. It's only that
		
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			after three menstrual cycles.
		
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			If there has not been any reconciliation, the divorce is finalized in the sense
		
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			Is that they require a new marriage contract and a new dowry in order to remarry. But they are
eligible to be remarried if they want to.
		
00:30:13 --> 00:30:23
			Okay? They don't have to. If she wants to go and marry somebody else totally free, he, they've got
nothing to do with each other. They are now hung on for each other
		
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			after that three months if they've let the time run out, but the door is open to get back together
easily.
		
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			Okay, does that make sense? They're allowed? Yes. Good. They're allowed to remarry, without any sort
of other thing. But he's just like any other guy to her at this point? Right? new contract new
dowry? Everything. Arista, right? I don't know. I'm not sure if I'm using that word, right. But
whatever it is, that's culturally goes on, you have to do it all over again.
		
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			However, if they've gone through that cycle three times, then the door is shut completely. Now, he's
haram for her and she's haram for him. And they can't get married until she marries and concentrates
that marriage with somebody else.
		
00:31:17 --> 00:31:44
			Okay, so what if all of this took place, if three pronouncements of divorce took place, not just
spread out over the three months of waiting period, but within one waiting period? Is this something
that is allowed to be about Shafi dissents from the majority? And says, Yes, this is, but the
majority of scholars, the vast majority of scholars says no, this can't happen. This is an
innovation, this is haram and this is sinful.
		
00:31:45 --> 00:32:01
			To get it violates the wisdom that Allah Subhana Allah said, in Salta, de la la la ilaha. You have
data data, data camera, Allah subhanaw taala put the timing of divorce very specifically with wisdom
		
00:32:02 --> 00:32:05
			to maximize the chance of reconciliation,
		
00:32:06 --> 00:32:21
			and arbitration. And so anybody who's going to come and then try to get around that hastened things
out, let's go. It's a violation of that law, both in spirit and in letter. And so it's blameworthy
and sinful.
		
00:32:22 --> 00:32:50
			What about if somebody does pronounced divorcement to their wife? during menstruation? We said that
that person is doing something to innovation, the religion, they're violating the son of the
prophesy seven, they're sinful, okay? Yes, yes, yes. But does the divorce count? Meaning does the
clock start ticking as soon as the woman comes out of her menstrual cycle?
		
00:32:51 --> 00:32:51
			Right.
		
00:32:53 --> 00:32:58
			If we're wondering why this is even such a thing, you could say that there are things that are haram
		
00:33:00 --> 00:33:05
			but are valid. In some sense, we don't ignore the fact that they happened.
		
00:33:08 --> 00:33:13
			So according to two out of the four schools, if anybody remembers from we were talking about the
		
00:33:14 --> 00:33:16
			in the chapter on marriage,
		
00:33:18 --> 00:33:26
			some rulings are different. Whether the if the woman who's about to get married has sexual
experience or not.
		
00:33:28 --> 00:33:28
			Okay?
		
00:33:29 --> 00:33:34
			If she has sexual experience, then she has absolutely no need for allele.
		
00:33:35 --> 00:33:39
			She has no need for a guardian. She can make her own decision entirely.
		
00:33:41 --> 00:34:15
			Okay, now what type of sexual experience counts for that status? According to ima Shafi on mm
alphabet, they say any, even if it was boyfriend, girlfriend, even if it was legitimate, even if it
was, yeah, any sort of experience counts towards that. That's not the opinion of Abu Hanifa ematic.
But it's an opinion. So just the point just to prove the point that within law something can be
haram and can still go forth as valid. The one of the paradigmatic examples of this
		
00:34:19 --> 00:34:32
			is when I should I set one of her best friends was a slave woman called burrito. Okay, her name was
burrito. And I so wanted to purchase but you need to set her free. Okay.
		
00:34:33 --> 00:34:41
			So she went to the family that owned her. And she asked him she said, Okay, I've got this money like
let me purchase her freedom.
		
00:34:43 --> 00:34:59
			There's a certain status that you get within Islamic law for setting a slave free. It's called a
Willa. Right? Meaning that if for example, that person passes away and they have absolutely no
inheritors. No mother no
		
00:35:00 --> 00:35:43
			Father, no daughter, no children, no sisters and brothers, then the person who set a slave three can
actually inherit from that freed slave in certain circumstances. Okay? So I Isha wanted to purchase
but he had to set her free and the people who owned her said, Only we'll only let you do it if we
get to keep that right of potential inheritance. And so I she was confused because she's like, wait
a second, I don't understand this. She went to the Prophet saw a sudden, the prophesy said I'm said,
go ahead and buy her and tell her okay, and that condition is not valid. Meaning like, if it
happens, then we're not going to even do that. So something can be haram and not not correct, but
		
00:35:43 --> 00:36:04
			still can kind of go through depending on what it is in Islamic law. So the scholars asked, they
say, If a man divorces his wife, and she is experiencing menstruation, does it actually go through?
Does it happen? does it begin? Does the clock start ticking?
		
00:36:06 --> 00:36:11
			When she comes out of her menstruation, and the majority say actually, yes, it does.
		
00:36:12 --> 00:36:34
			And as evidence they say that the the font the foundational Hadith that establishes this entire kind
of segment of divorce law is actually something that happened with Abdullah ibn Irma, the son of
Arma, or the Allahu anhu, actually tried to divorce his wife when she was menstruating. And he told
the Prophet salallahu alayhi salam said that and he corrected him.
		
00:36:35 --> 00:36:37
			He said, Don't do that.
		
00:36:38 --> 00:36:39
			He said take her back.
		
00:36:43 --> 00:36:45
			But he also said
		
00:36:47 --> 00:36:58
			so he said take her back and divorce her if you intend to, after she comes out of her period. So the
scholars over this issue they argue as to the understanding of this hadith
		
00:37:00 --> 00:37:02
			the majority says that
		
00:37:03 --> 00:37:04
			if
		
00:37:05 --> 00:37:26
			divorce during menstruation was not valid didn't occur. Then the Prophet SAW I said I'm would have
never had to tell him to take her back. He says specifically to him, take her back and then divorce
her again if you wish, during her after her period.
		
00:37:28 --> 00:37:46
			However, some scholars such as even Tamia and even claim they said Nope, this does not count. If any
sort of divorce occurs during administration, it is not only sinful and haram, but it doesn't count
and it has to be done
		
00:37:48 --> 00:37:50
			after ministration is over
		
00:38:01 --> 00:38:03
			okay, we're running out of time same question.
		
00:38:04 --> 00:38:23
			Okay, we only have three more Okay, let's let's blitz through these three and then we'll have
finished this. And then this is all a pullback which is divorce which is initiated by the man and
the next time inshallah we'll talk about a float and the different types of divorce that can or
enrollments or whatever have you that can be initiated by the woman Inshallah, we'll, we'll cover
that next class.
		
00:38:26 --> 00:39:11
			Okay, if Now, keep in mind, the majority said that. The majority said that if a man tries to divorce
his wife, and she is menstruating, It's haram. It's sinful, but it goes through meaning it counts.
But Malik has a qualifier to that. Radek wasn't completely satisfied to let it go. He says that, and
this is an issue. If such a thing happens, a man says to his wife, you're divorced. I want to
divorce you. And she's during her ministration. Is he obliged to take her back? To reconcile? Malik
says, Yes, He absolutely has to take her back. He doesn't even have a choice. So basically, the
conclusion of what he's saying it's as if that divorce never happened. Sometimes we have differences
		
00:39:11 --> 00:39:27
			and that are just semantics. Right? So Malik is saying that, yes, it kind of counts on divorce
administration, but he's required to take her back immediately and wait until wait until the
ministration is over.
		
00:39:28 --> 00:39:39
			The remaining three schools of law they said that it's not required, but it's recommended. It's
recommended that he take her back right then and there for the duration of the
		
00:39:40 --> 00:39:48
			for the duration of the of the ministration. And then if he wants to divorce he can do that later,
after administration is over.
		
00:39:54 --> 00:39:59
			How long if we're going to force the man to take her back? How long do we force him to take her back
forth?
		
00:40:00 --> 00:40:41
			Just the period of that one ministration, or the entire waiting period, there's two different
opinions on that most of the Maliki's and say that he has to take her back for the entire waiting
period, basically, three months. So this is kind of like a punishment to somebody who would do such
a thing as tried to divorce his wife when she were menstruating. So it looks at, look, if you want
to try to do this, you're forced to take her back, and you're forced to keep her for three more
months, you can't even pronounce divorce until three more months are over. So that's kind of like a
disincentive. There are other scholars that said, Nope, just for that particular ministration cycle
		
00:40:42 --> 00:40:45
			alone. And then the last issue we have for the night is
		
00:40:49 --> 00:40:59
			when does the divorce occur? For let's say that somebody has pronounced divorce on his wife, and
she's menstruating?
		
00:41:01 --> 00:41:12
			When does the divorce, actually, when does the clock actually start to tick? Because we said that it
can't start ticking while she's menstruating.
		
00:41:14 --> 00:41:26
			I will have either an afro they say as soon as she comes out of that particular menstruation cycle,
then the clock starts ticking. You're three months waiting period, or asthmatic and a Sheffy. They
say nope, you have to give her two
		
00:41:28 --> 00:42:12
			weeks she leaves her menstruation then she administrates again and then returns the administration
and comes out of it again. That's when the clock starts ticking. So you can see that magic and Shafi
also wanted to kind of, or interpreted that there were mechanisms within Islamic law to punish and
disincentivize a man from attempting to divorce his wife in menstruation while she's on her period.
Even if the thing is technically valid, he sinful it's an innovation, but it's still sort of valid.
They believed that within Islamic law, there were other mechanisms to punish that behavior. And to
disincentivize it. And that takes us through that chapter.
		
00:42:13 --> 00:42:16
			Very dry stuff. I hope it's interesting for you.
		
00:42:19 --> 00:42:34
			Alright, hope, at least that you learn something Okay. Does the announcement of divorce have to be
witnessed? Or is it as long as the guy announced the to his wife accounts? That depends? Now depends
on do they both is there and set off? Are they both agreeing that this thing was done?
		
00:42:36 --> 00:42:52
			If they both confess and agree that yes, there was a divorce announcement, then that's all that
takes? If they disagree, he says that he divorced her and she says no, he did. That's a situation in
which they require you require witnesses or a written statement or something like that.
		
00:42:54 --> 00:42:55
			And this is where we get into
		
00:42:56 --> 00:43:00
			a lot, which is like, court procedure and stuff like that, and
		
00:43:01 --> 00:43:03
			at evidence and testimony and things like that.
		
00:43:04 --> 00:43:06
			But if they both agree, then there's no need for witnesses.
		
00:43:16 --> 00:43:23
			That's a great question, Sire. I'm in the first class about divorce, we talked about
		
00:43:24 --> 00:43:27
			what's the wisdom behind the waiting period in general,
		
00:43:29 --> 00:43:57
			and about how the waiting period in general, it serves many purposes. One of them is to maximize the
likelihood of reconciliation. It's to slow people down because people can be hasty and in a moment
of anger can say things that change the rest of their lives. But it's also to establish whether
there is a pregnancy or not. Right, which is why we have that added condition of the syndrome being
that
		
00:43:58 --> 00:44:22
			divorce happens, not during menstruation. And they're having not been intimacy since the previous
administration. One of the pieces of wisdom behind waiting three months is to determine whether
there is a pregnancy. If there's a pregnancy, then that would completely change the decision, the
decision for one or both of the spouses. And so they would be
		
00:44:23 --> 00:44:30
			usually more likely to reconcile. So if divorce is allowed to happen with in
		
00:44:31 --> 00:44:45
			a menstruation cycle that kind of messes with the timing of everything. First of all, first of all,
there could be some ambiguity as to whether there is a pregnancy or not, let's say that the first
day of somebody's period,
		
00:44:47 --> 00:45:00
			divorce is announced. And then we count three months from that, well, maybe maybe some sort of
pregnancy happened and there was spotting the second time or something like that. So three complete
men.
		
00:45:00 --> 00:45:06
			Estoril cycles is a really good safe amount to be able to determine whether it's a pregnancy.
		
00:45:07 --> 00:45:13
			And, you know, it's well known that some women
		
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			experience hormonal shifts during their menstrual cycle. And hormonal shifts can affect the degree
to which a couple is able to mitigate differences to to get along to cooperate and things like that.
And so
		
00:45:34 --> 00:45:53
			in general Islamic law wants these sorts of decisions to be made when everybody is completely calm
sound mind, mind and fully registering the consequences of these types of decisions. Does that Does
that answer your question?
		
00:46:06 --> 00:46:06
			Company
		
00:46:08 --> 00:46:08
			anyone else
		
00:46:18 --> 00:46:26
			I mean, what yeah, thank you very much everybody for your participation interaction. I enjoy it and
inshallah we will see you again next time.