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

Tom Facchine

Date:

Channel: Tom Facchine

Series:

File Size: 43.11MB

Share Page

Related

WARNING!!! AI generated text may display inaccurate or offensive information that doesn’t represent Muslim Central's views. Therefore, no part of this transcript may be copied or referenced or transmitted in any way whatsoever.

AI Generated Summary ©

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 Generated Transcript ©


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

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.

00:00:47--> 00:00:50

In addition to any other questions that

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

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.

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

And

00:01:02--> 00:01:04

away we go. See.

00:01:06--> 00:01:08

Today we get to start a new chapter

00:01:10--> 00:01:11

in the reorder saga in

00:01:13--> 00:01:26

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.

00:01:27--> 00:01:30

And chapter three is about our Saba

00:01:34--> 00:01:52

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.

00:01:53--> 00:02:11

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

00:02:13--> 00:02:15

then he quotes another and sort of sort of buffer.

00:02:17--> 00:02:26

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

00:02:27--> 00:02:46

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.

00:02:49--> 00:03:11

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.

00:03:12--> 00:03:42

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

00:03:43--> 00:04:24

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

00:04:24--> 00:04:59

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

00:05:00--> 00:05:14

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.

00:05:15--> 00:05:19

I find that significant fear, you know, hopefully,

00:05:20--> 00:05:42

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

00:05:43--> 00:05:45

was actually worse?

00:05:46--> 00:05:46

Then

00:05:48--> 00:05:52

the thing that actually eventually ended up happening, or maybe nothing ended up happening at all.

00:05:58--> 00:06:18

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,

00:06:19--> 00:06:33

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.

00:06:35--> 00:06:37

This is the point of testing us with fear.

00:06:39--> 00:06:46

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.

00:06:48--> 00:06:49

This is deprivation.

00:06:51--> 00:06:53

of basic necessities,

00:06:55--> 00:07:01

which many of us, in today's day and location many of us have never really faced?

00:07:02--> 00:07:10

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.

00:07:12--> 00:07:31

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?

00:07:32--> 00:07:47

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.

00:07:49--> 00:07:54

And then finally, loss of wealth and life and fruits with them rot?

00:07:55--> 00:08:04

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,

00:08:06--> 00:08:12

right here, coupling all these three things together, wealth, and life and fruit,

00:08:13--> 00:08:17

wealth and life and produce product to the product of what you've earned.

00:08:18--> 00:08:33

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

00:08:35--> 00:08:39

to be completely wiped out. You have a home, a flood comes,

00:08:40--> 00:08:44

or a tree falls on top of it or a hurricane come something like this.

00:08:45--> 00:08:55

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.

00:08:56--> 00:09:01

Now everything is unstable, your life included in your life as your health.

00:09:03--> 00:09:08

One day you're able to walk and everything's fine, you're able to do everything and the next day you're bedridden.

00:09:10--> 00:09:20

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

00:09:21--> 00:09:23

from what Allah has destined.

00:09:24--> 00:09:37

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?

00:09:39--> 00:09:51

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

00:09:52--> 00:09:58

to produce inside of us. The virtues that we need to get to where he wants us to be

00:10:01--> 00:10:13

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.

00:10:14--> 00:10:15

And that price to pay

00:10:16--> 00:10:20

is the hardship and the trial that Allah has destined for us.

00:10:22--> 00:10:32

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.

00:10:33--> 00:10:35

Because it was a terrible mistake.

00:10:36--> 00:10:53

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,

00:10:54--> 00:11:00

he took the lesson from that previous hardship, and he applied it, and he kept himself out of harm's way.

00:11:03--> 00:11:14

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.

00:11:15--> 00:11:26

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.

00:11:27--> 00:11:30

Because everybody is going to go through it anyway.

00:11:31--> 00:11:33

Nothing that you can do is going to change it.

00:11:36--> 00:11:39

And so who are the people who are going to come out on top?

00:11:41--> 00:11:45

After these sorts of tests, it's the steadfast the people who are patient, a Sabeti.

00:11:48--> 00:12:06

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

00:12:07--> 00:12:09

us, Allah who sent the hardship.

00:12:11--> 00:12:20

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

00:12:26--> 00:12:39

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.

00:12:42--> 00:12:46

I was found to Allah says that the people who are steadfast and patients

00:12:47--> 00:12:56

are going to be paid in full, their wages or their recompense, better their reward, without any reckoning.

00:12:57--> 00:13:06

Right? Imagine we're talking about hisab is like an accountants recommend, like okay, you pay five, okay, I give you five.

00:13:07--> 00:13:25

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

00:13:26--> 00:13:27

reach

00:13:29--> 00:13:34

the reckoning, Allah sets up the scales, he's putting your book of deeds in the scales.

00:13:36--> 00:13:44

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

00:13:46--> 00:14:00

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

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

Allah says, was there a novice somebody was salah,

00:14:19--> 00:14:20

and so on, so Bacara

00:14:23--> 00:14:54

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

00:14:59--> 00:15:00

How do we tell

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

On

00:15:01--> 00:15:05

our sister Samira asks, whether we are being tested

00:15:06--> 00:15:08

or whether we are we are being punished.

00:15:17--> 00:15:19

The two are not mutually exclusive

00:15:24--> 00:15:26

because even Allah's punishment,

00:15:28--> 00:15:34

Allah's punishment is not simply retribution.

00:15:36--> 00:15:37

It is also

00:15:38--> 00:15:40

opportunity for redemption.

00:15:41--> 00:15:42

Right.

00:15:43--> 00:15:44

And what I mean by that

00:15:46--> 00:15:50

is that Allah gives people opportunities to turn back.

00:15:52--> 00:16:07

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.

00:16:09--> 00:16:14

And then sometimes Allah subhanaw taala gives us an opportunity

00:16:15--> 00:16:16

through hardship.

00:16:19--> 00:16:22

In one sense, that hardship is a punishment,

00:16:23--> 00:16:33

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.

00:16:35--> 00:16:43

But what really determines in the grand scheme of things, whether it's a punishment or a test is how we react to it.

00:16:46--> 00:16:57

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.

00:16:59--> 00:17:07

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,

00:17:08--> 00:17:10

during this period of hardship,

00:17:13--> 00:17:16

then it's a test and we've passed.

00:17:18--> 00:17:20

If we despair,

00:17:21--> 00:17:23

or if we

00:17:24--> 00:17:29

transgress, when hardship comes, if we get arrogance.

00:17:30--> 00:17:36

If we say why me, I've done all of this, I've done so many good things, I don't deserve this.

00:17:38--> 00:17:40

This is not my fault. This is not fair.

00:17:43--> 00:17:50

And we rebelled. Either with our hearts and our intentions or even with our actions.

00:17:51--> 00:17:52

We try to make threats

00:17:54--> 00:18:02

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.

00:18:04--> 00:18:05

And this is a punishment.

00:18:06--> 00:18:21

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.

00:18:28--> 00:18:29

Does that answer the question or No?

00:18:41--> 00:18:51

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.

00:18:54--> 00:18:59

And this life because the patients are not as afflicted, they're more even keel

00:19:00--> 00:19:03

than those who are not able to be patient throughout life's ups and downs.

00:19:06--> 00:19:12

And Allah is with them in the afterlife, in terms of their reward and recompense for their trust in Allah.

00:19:21--> 00:19:25

Then finally, the last idea that even though he cites

00:19:26--> 00:19:27

he says,

00:19:30--> 00:19:44

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

00:19:45--> 00:19:50

who strives in the cause of a lot and who are the patient and steadfast

00:19:51--> 00:19:56

allies. Allah is very, very direct and telling us the whole reasoning behind it all.

00:19:58--> 00:20:00

Just like we have exam

00:20:00--> 00:20:07

is in school. Right? I always give this example to your, to your children at Sunday school and the o'clock evening classes.

00:20:08--> 00:20:16

If we were back in school, and you know, you have your syllabus and everything and you're studying hard.

00:20:17--> 00:20:24

And the person who is next to you sits, you know, across from you, they aren't doing a thing.

00:20:26--> 00:20:33

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.

00:20:34--> 00:20:39

And you're kind of waiting for it. Because you know, they don't deserve anything you've been carrying them.

00:20:41--> 00:20:48

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.

00:20:50--> 00:20:55

You've been working hard all all semester. And that other person they've been lazing it,

00:20:56--> 00:21:03

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.

00:21:05--> 00:21:08

This is an act that is unfair to the people who strive.

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

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?

00:21:23--> 00:21:25

When it was hard to trust me.

00:21:27--> 00:21:41

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.

00:21:42--> 00:21:44

But the problem is when we get what we don't want,

00:21:46--> 00:21:54

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.

00:21:55--> 00:21:57

But to make it manifest to everybody.

00:21:58--> 00:21:59

So that it's undeniable.

00:22:01--> 00:22:04

Who are those who trusted Allah when it was difficult?

00:22:08--> 00:22:18

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?

00:22:39--> 00:22:58

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

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

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

00:23:25--> 00:23:27

menstruation or menstrual cycles.

00:23:29--> 00:24:17

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

00:24:17--> 00:24:57

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.

00:25:02--> 00:25:29

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?

00:25:30--> 00:25:53

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.

00:25:56--> 00:25:58

But we'll get into that in more detail as well. So

00:26:01--> 00:26:18

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

00:26:21--> 00:26:33

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

00:26:34--> 00:26:46

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.

00:26:47--> 00:27:20

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.

00:27:21--> 00:27:21

Okay.

00:27:23--> 00:27:37

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

00:27:39--> 00:27:43

is a man allowed to

00:27:44--> 00:27:49

pronounce divorce a second and third time within that first waiting period?

00:27:51--> 00:27:56

Okay, the waiting period is three months long. Three menstrual cycles.

00:27:57--> 00:28:13

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?

00:28:16--> 00:28:21

The majority, three out of four legal schools say no, this is not allowed. This is somebody who does this as sinful.

00:28:23--> 00:28:31

And that is the Maliki method, and the Shafi method and the handling method, even though Abu Hanifa said, It's okay.

00:28:32--> 00:28:43

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.

00:28:49--> 00:29:13

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.

00:29:15--> 00:29:32

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.

00:29:33--> 00:29:37

If somebody is really, really sick of the relationship,

00:29:38--> 00:29:50

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

00:29:51--> 00:29:53

after three menstrual cycles.

00:29:55--> 00:29:59

If there has not been any reconciliation, the divorce is finalized in the sense

00:30:00--> 00:30:11

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

00:30:25--> 00:30:33

after that three months if they've let the time run out, but the door is open to get back together easily.

00:30:35--> 00:30:57

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.

00:30:59--> 00:31:15

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

00:45:14--> 00:45:32

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.