Tom Facchine – Riyadh al-Saliheen and Women’s Q&A #26

Tom Facchine
AI: Summary © The speakers discuss the importance of physical and mental purity in achieving spiritual success and experiencing faith. They also touch on the relationship between purity and faith and how it can lead to faith. The speakers stress the importance of understanding and embracing physical and mental association for one's success and the need for a light in relation to wordsants. They also discuss the difference between divorce and divorce by type of woman involved, the importance of finding out who has already gone through menopause, and the importance of legal satisfaction for divorce. They emphasize the need for a legal satisfaction for divorce and the importance of finding out who has already gone through menopause.
AI: Transcript ©
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Okay, so you'll see a formal announcement about that soon, probably tomorrow in sha Allah, but you're the first to know

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Sunday night in sha Allah will be dedicated to a general general classes about fasting

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so let's get up our Hadith for today inshallah.

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We are in Riyadh Salah Hain

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the chapter of Samadhi of patients and steadfastness and last class, we had covered the introduction of Imam nawawi. Because the Imam when he introduces a chapter, he introduces it with ads from the Koran to frame the discussion.

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Not for Okay, sister estimates question no more or less for how many not until after Ramadan. Okay, all of the current classes,

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probably, inshallah will pause for Ramadan, we'll probably have other programs for specifically for Ramadan, and then after Ramadan, insha, Allah, all of the normal classes will start back up again.

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But correct, so no more Rogal also honey from now until after Ramadan.

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So we have gone over the ads from the Koran, that that email Minoa, we had brought up kind of framing the discussion, on patience about the virtues of patience, such as the patient will have no reckoning, be that sad, they will enter paradise without a reckoning, which is an extremely amazing blessing that the patient and what's the wisdom behind?

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Patience? Why do we have to have patience? Why is it an essential tool for our spiritual toolbox?

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Because we know that the nature of life is that we're going to be tested a lot promised us that he's going to test us. And so because he promised us that he will test us we need that patience and steadfastness in order to get through it. In the times of ease. Now our job is developing and cultivating

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patience Saba within us, kind of like we're building up a reservoir, right? Something that's going to our provision for when times are less comfortable.

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And when the Pfitzner comes when the trial comes the IP Tila, that's when it is exposed, who prepared and who didn't. Who developed their patience and kind of tried to stockpile it. And who was kind of just, you know, thought that the good times we're just gonna keep rolling. And then when the trial happened, they were left unprepared for it.

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Allah tells us that patience is a refuge, less than a novice somebody was salah, in addition with the prayer, that patience is a refuge for us in times of difficulty.

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And that one of the entire purposes of our life on Earth is for a lots of tests, which of us is patient and which of us is not.

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So after this,

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email me know we moves on to the Hadith of the chapter. The first one is on the authority of aromatic and Hadith even awesome Ashati reported the messenger of allah sallallahu alayhi wa sallam said, purity is half of belief.

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Praise Allah, meaning Alhamdulillah fills up the balance.

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Glory be to Allah. And praise be to Allah Subhana Allah and Allah hamdulillah fills up everything between the heavens and the earth.

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The prayer a Salah is North is a light

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sadaqa is proof

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steadfastness. Saba is

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bow is Lea is is illumination or his light

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We'll talk about the difference between those two types of lights. And the Qur'an is a proof of proof, either for you or against you.

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Everybody goes out and trades with his own self, either setting it free or destroying it.

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This hadith, in addition to many of the Hadith of the Prophet sallallahu alayhi wa sallam display what's called Joanne Alkalyn.

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The Prophet sallallahu alayhi wa sallam was given a miraculous ability to communicate profound meaning in a very, very short amount of space.

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This entire Hadith, it doesn't take up more than four lines. But it could be

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a hook before

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us for a month,

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taking time to unpack every single consequence of what the Prophet sallallahu alayhi wa sallam said, obviously, that would be a little bit tiresome for our purposes. So we'll try to be brief, but still do it justice. The first thing on prophets, Allah when he was set up says is that purity?

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Of Behala is half of E min is half of faith.

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What do you think the Prophet SAW? Is that a means by this?

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I'll turn it back on to you. Because sometimes I err on the non participatory side. What? How this period, the half of faith, what does this even mean?

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Let's hear your thoughts.

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On Why is purity so important, so important to our our faith? What's the relationship between purity and faith? The Prophet alayhi salam is basically telling us it's important. It's so important. It's about approximately if you were to quantify it half. Why is it so important? What's the relationship between purity and faith? What if a skeptic or somebody who wasn't a Muslim, they read this they say, I don't see what the big deal is?

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I can be dirty.

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Inside and out and still believe? Can I

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Samira says pure intentions help keep us from harming others. Okay, very good purity of intention. So one specific

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form of purity, an internal form of purity.

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That's good. That's a start. What else?

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Oh, there you go. That's a key question to

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we need the answer to know the answer. Right? Are we talking physical purity here or spirituality?

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Did the Prophet sallallahu alayhi wa sallam specify? And if he didn't specify?

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Is there wisdom behind him not specifying.

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Purity mentally, physically, spiritually will lead you to faith. Okay, that's Matt, I am inclined to agree with you. And that sounds lovely. How will it lead you to faith?

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And what does it look like? How does being pure mentally and physically and spiritually lead me to faith? That means that if I shower twice a day, I'm a non Muslim example. I shower twice a day and I'm going to end up believing in Allah.

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It's going to be a revelation like what's going to happen? How does it lead me to faith?

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A smart answered some ears question that Samira asked is are we talking physical or spiritual and the prophets like Selim he left it general he left it on it's not the right it this is a a a general statement.

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So we have no reason to restrict it.

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If we have no evidence or indication that it should be restricted

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keeps you open to receive wisdom. That's very interesting.

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So maybe from SR estimates example, I can really see the mentally,

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the mental purity very easily.

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If we have pure thoughts, if we're engaged in pure activities,

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We're not saying we're not say distracted

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we're not kind of just filling up our mental space with these sorts of you know, gossip celebrity stuff all this whatever. We can be more open to receive wisdom I can definitely see that but how does being physically pure lead us to faith

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it's like Maslow's hierarchy of needs.

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Your basic needs are met you can go to higher basically higher to mentally so your physical purity. Okay, that's interesting.

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Anybody else like to chime in?

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Oh, my see. Saira, Anna. What's the relationship between purity and faith?

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Let's say physical purity, okay. Because spiritual purity and faith that's a little more automatic, even mental purity and faith that's a little more automatic.

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accenting this following

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this will earn a local law.

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Half of all knowledge is saying I don't know.

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That's what ematic said.

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Physical purity as a symptom. Okay. So like an indication of what's on the outside. Alright, see me outside is an indication of what's on the inside.

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Is it the right of our body? That's a really interesting way to look at it.

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I think you're right, I think it is a right of our body to be pure.

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That takes us down an entirely different line of thought that I hadn't thought about Sister Hannah. Which is that? Are our bodies our own in reality?

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Or are they a

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alone from Allah subhanahu wa Tada. And so keeping the body that Allah lends us pure, is part of our gratitude to him. Yeah, set up.

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A well, maybe it reflects who we are? Yes.

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Right, somebody who is attentive to the purity of their body and their mind and their soul. There are maybe transferrable skills between that purity and faith.

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Somebody who is focused on improvement on

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improving yourself on

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trying to progress

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trying to maintain

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even trying to differentiate between what's good and pure and what's filth.

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These are all excellent ideas. And I think they're all right.

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The thing that had occurred to me is that the Prophet salallahu Salam is telling us that there is a connection between the internal and the external. Okay.

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There is a connection, there's telezoom

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between them.

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And so, even in English, we have this kind of phrase.

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Our body is a temple.

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Right? It's like clean body, clean heart clean mind.

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We do realize that there is a connection

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between all of these things.

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And that

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cleanliness, physical cleanliness, yes, washing, you know, brushing our teeth, all these these sorts of things. Not only are they actually part of the Sunnah, which they are, but they are also transferable skills to get us to have good associations with what is pure

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on a non physical level.

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For somebody who doesn't love what's pure physically, if they equate what's pure and what's filth, physically,

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or even worse, if they've come through either trauma or through indoctrination, or acculturation or something, they've come to see filth as somehow cool, edgy, rebellious, praiseworthy in some sort of way, and they come to scorn, purity.

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Then this is going to be a barrier to faith.

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If this person has it backwards,

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they're going to be repelled by what is pure

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metaphysically by what's pure spiritually

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giving to other people. Charity, selflessness, chastity, we see that today, we see that talking about chastity is kind of like a hush hush thing, at least in the broader maybe not in the Muslim community, but in the broader culture around us.

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If you haven't had a certain type of experience with boyfriends and girlfriends, by the time that your college age, you're seen as approved, you're seen as you know, you're kind of mocked or made fun of.

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So the prophesy son, um, he's informing us that yes, there is a connection between external and internal purity. And

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as Muslims, we believe that one supports the other.

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They don't go against each other.

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We don't look for pure things internally from filth on the outside,

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and vice versa.

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And we do believe that if we're able to develop a culture of appreciation of external purity, we do have belief that it's going to infect our, in fact, maybe isn't the best word to use influence our internal compass, it's going to make us drawn and attracted to what is spiritually pure. So what is mentally pure,

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whereas the opposite is also true.

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This type of association is important for your children, it's going to help shape them and develop and make their fitrah. sensitive to what's good and what's bad. How many Muslims in the world don't eat pork, not because of their fear of a law per se. But because they have such a visceral disgust for it.

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It's true.

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I'd be, you know, willing, I would not be surprised. Let's say if more than half of the world's Muslims. They don't eat pork, simply because of how repulsive it is to them. To say nothing of what Allah actually said about it or the prophets of Allah isn't upset about this isn't okay. It does reflect a mis education in one regard. But it actually represents a successful acculturation in a different regard. According to this hadith.

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You've kind of developed in somebody's this visceral feeling towards this thing, which is with which Allah told us his filth. Imagine if we were able to give our children the same visceral revulsion to that other things that Allah doesn't like.

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Whether they're things like alcohol and Xena, or whether they're things such as shirk, and kufr,

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right, this kind of blasphemy and disbelief.

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So that visceral sort of thing is part of the part of the goal, we can use this relationship between internal and external, in part of how we educate our children, and try to control or at least

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encourage, what seems pure, what seems filthy, what seems good, what seems normal, and what seems strange and unusual. And you'd be surprised at how far that's going to take your children once they go off to college. And after

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then the prophesy centum says Alhamdulillah fills the scale fills the balance. This is because of hamdulillah is the expression of sugar, of gratitude

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and praise.

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Because we have so much to be grateful for and that could be its own entire lesson. But the reason why it weighs so heavy in the scale

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is because it's something that everybody can do.

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It's accessible to everybody.

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Everybody has blessings, more blessings than honestly we really deserve.

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And so it's something that's sitting right in your lap. It's not something that you have to get up and make will do and go pray. You have to get a certain amount of money to give it away all these sorts of other acts of worship, and humbly that fills up the balance. It's enough simply to be grateful.

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It's something that's already sitting right in your lap. But all you have to do is turn your soul towards it.

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reflect upon it and give thanks.

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Now the promises of them said Subhana, Allah fills the heavens and the earth. And Subhan Allah

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is the statement of Tawheed.

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To make 10 z have Allah Subhana Allah basically means that Allah subhanaw taala is perfect,

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in the sense that there are no imperfections or shortcomings, no deficiencies.

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Nothing missing,

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Allah is complete and whole and perfect.

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And so to say and to live Subhan Allah, it fills up the heavens and the earth in one respect because just like Allah says, In the Koran, one of these places, and so on, and so this rock, all of the heavens and the earth praises Allah and says, Subhana Allah, whether we understand this language or not, every time your heart beats, every time your eyes blink,

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yes, there SubhanAllah. And that,

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because it's all going according to the

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the laws which Allah has created

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the entire universe by.

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And then there are just two beings in the entire creation that Allah has given the extra option, which is a the option for extra praise, the option to turn away with what they say, and what they do, even if they can never turn away with certain things like how their body is,

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is running,

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is, is growing, and all these other things that prays a lot constantly.

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humans in general, the only two types of creations that can contradict this kind of existential praise of Allah is existential test be.

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Buy what we say and what we do. And so for the person who chooses to do it,

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then that is significant enough to fill up the heavens and the earth.

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Because they get it, they realize they recognize, in addition to what their body is already doing, automatically, the rest of the creation, the fish, the trees, the birds, everything is already doing automatically, they recognize and they submit, and they join, they are in harmony.

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And so it fills up everything in the heavens and the earth. And the promise, I said I'm sending a solar norlane

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A Prayer is a light.

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The prayer is a lights because it gives, He died, it gives guidance.

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And it gives worth

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it gives comfort.

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The word that the prophesy said I'm used for for lights here no is different from the other word that he uses for light when he talks about some

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he uses north and Allah uses this

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in solar to north.

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And there's a difference between what's known and what's low or GLIAC.

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One of them is a light which is reflected. It's not actually the source of light, and the other. The second one is actually a source of light from which light comes.

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And Allah knows best. But it occurs to me that it's significant that the Prophet SAW is seldom used the word for a reflected light

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when he was describing the prayer, because the prayer is only as good as we make it.

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It reflects how good we do it, how sincere we are, how attentive we are.

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Whereas patience, as he goes on to say a summer boat for the app, that patience is always a light.

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For whoever is able to do it. Patience is you do it or you don't do it. There's no like poor patients like there is a poor prayer. Somebody can stand up and can do the motions and their heart's not in it. They're thinking about getting back to the next day.

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But patient says you either have it or you don't.

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And so patience is an illumination.

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And I think right now, I think we might need to transition to the second half of the class because we're going to run out of time if we don't.

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So inshallah we'll do sadaqa as proof and the rest of the the rest of the Hadith next time in sha Allah on

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Before today, if you have any questions about that, you can please share them in the chat box and we will get to them. Today we talk about pull up. Okay, we were talking about divorce we talked about on our first, and one of your most important distinctions in talking about divorce and Islamic law is that we have multiple types of divorce. There's not just one type of divorce, there's an app, there's pullet, there's fast, there's so and these other sorts of categories. And it has the each of them has particular I can particular rulings to them. So for that, for example, what we normally translate as, as divorce is something that is in the possession of the husband. There is a divorce

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that is initiated by the husband. We talked about previously in the book of marriage, how the husband has to pay a dowry.

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Okay, the dowry to the wife and how we talked about the wisdom behind it being a significant salary. So if the husband initiates divorce,

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part of the ruling that's specific to that type of divorce is that he doesn't get any of that back.

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Right. This is compensation to the woman

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for her trouble through all through the heartbreak for everything else, that she gets to keep the dowry, he can't touch any of it.

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which we'll talk about today is a type of maybe we can translate it as an ailment. Perhaps.

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It is a second type of divorce that is initiated by the woman

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and different from bollock.

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The first type that we talked about,

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it is done by

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the wife offering as compensation part of her dowry part two, all of it depending on what is agreed upon.

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So, this is the main differentiation,

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color is initiated by the woman

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and it is, with a part or all of her dowry as compensation for initiating the divorce from her side, whereas the divorce onok that is initiated by the husband, he has nothing to do with the dowry, the dowry stays with the wife.

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When we talked about follow up, we said that there were certain other issues that accompanied or or rulings or guidance that had to happen, the follow up was initiated. So we talked about the waiting period. And

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we talked about Raja, this, this period in which

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they can reconcile, right without a new marriage contract, and so on and so forth. We're going to look at which of these things apply to hold up and which of them don't. So I think someone had asked us previously,

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let's start with start with the issue of the data. We said that the IDA, a woman's waiting period has many

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pieces of wisdom behind it.

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Right, a woman if she's menstruating, she waits three complete menstrual cycles

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before the fallout is final,

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okay. And upon the expiration of that period, then the fallout is back in its final, she requires a new Oct, a new marriage contract to get married to the same person.

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That was for a menstruating woman for a woman who is not menstruating, either she's already gone through menopause, or she's not yet menstruating. If that situation happens, then she still has an agenda.

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But it is three months instead of three menstrual periods.

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And if a woman is pregnant, then her and is her period of gestation for a period of pregnancy until she delivers the child.

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So we talked about previously some of the wisdom behind that and we said that one of the

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one of the aspects of the wisdom behind it was in order to establish but all Atul Raja

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was in order to establish whether there was a child or not.

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Okay. And then so somebody asked, I believe it was Dana. She asked, Well, what about women

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who have already gone through menopause they don't have a hope to be to have a child and

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And we see that the still applies to them.

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Because there's a larger

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wisdom behind the idea that's,

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that includes and encompasses identifying if a child is there or not. And that is what Allah said, the Allah Allah, you have to validate the camera. Reconciliation

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is the primary purpose behind the waiting period.

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Part of that

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goal of reconciliation is identifying if there's a child, but it's not the only it's not the only part of reconciliation. There's other things or other considerations that contribute to reconciliation. And so whether a woman is menstruating or past ministration, it the woman still has a waiting period. Does the waiting period still apply? If the woman and sch initiates the divorce in the situation of color? The answer is yes. And no.

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Yes, the waiting period that

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is the same for women

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as it was in the previous type of marriage, in the respect that this is how long she waits until she remarries

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whether she's going to remarry her previous husband or her ex husband at this point, or whether she married somebody else.

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the agenda for a woman who has initiated the divorce is different, according to the majority,

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in that she does not have to wait for her waiting period

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to end in order for the divorce to be finalized.

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Okay, so previously, we said with the previous type of divorce, that's initiated by the man on off

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once he pronounces divorce, after her period is over, she is not pregnant. She, they have not been intimate since her last period, the clock starts ticking.

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Three menstrual cycles later, if they still have not had intimacy, if they still have not reconciled by simple expiration of that time period, their divorce is finalized.

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However, with this type of divorce,

00:32:31 --> 00:32:32

that's initiated by the woman

00:32:34 --> 00:32:36

once they agree to terms

00:32:37 --> 00:32:47

exactly how much of her dowry she's gonna, she's willing to part with in order to be out of the marriage. The divorce is finalized immediately.

00:32:50 --> 00:32:52

However, she will go through a waiting period

00:32:53 --> 00:32:57

until basically in order to remarry.

00:32:58 --> 00:33:02

Okay, so it's half the same and and half different.

00:33:09 --> 00:33:12

The scholars, they agree that

00:33:16 --> 00:33:18

holer this particular type of divorce

00:33:20 --> 00:33:21

is permissible

00:33:22 --> 00:33:26

in every situation, except one.

00:33:28 --> 00:33:32

And that is if there is

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


00:33:36 --> 00:33:37

from the husband.

00:33:39 --> 00:33:43

That might be counterintuitive, the first thought but hear me out.

00:33:44 --> 00:33:46

What the scholars mean when they say this

00:33:47 --> 00:33:48

is that

00:33:49 --> 00:33:53

if we were to allow this type of divorce

00:33:54 --> 00:33:58

in the situation where a woman is being abused or treated unfairly,

00:34:00 --> 00:34:09

then it would be this sort of incentive for the man to do this so that he could get part of his dowry back.

00:34:11 --> 00:34:17

So what the scholars say is if a woman is being abused or mistreated,

00:34:18 --> 00:34:22

this color is not the right type of divorce.

00:34:23 --> 00:34:33

the right type of the divorce is a different type of divorce, which is called Feser. Which is where you come to me or you come to a Mufti or someone who's who's

00:34:34 --> 00:34:41

qualified, and they investigate the issue. They identify what's going on. And if things are

00:34:44 --> 00:34:51

an abusive situation, then he can just completely dissolve the marriage by himself so that the husband doesn't get anything.

00:34:53 --> 00:34:59

Because Hola. The idea behind Colette is that the man gets something

00:35:00 --> 00:35:05

In compensation, something from the gallery and we don't want to incentivize this sort of thing.

00:35:21 --> 00:35:30

Scholars disagreed. Or they posed the question, is it possible or permissible for a husband and wife to agree

00:35:31 --> 00:35:43

on a price compensation for Hola, that is more than what someone's dowry is? Or was, let's say that they got married, and the dowry was $10,000.

00:35:44 --> 00:35:53

All the scholars agree, that is permissible, if she wants to divorce for any reason, doesn't have to be something

00:35:54 --> 00:35:56

serious doesn't have to be something religious.

00:35:59 --> 00:36:03

I believe it was filthy, McMinn spice, who was one of the female companions.

00:36:06 --> 00:36:33

From home, we take most of our rulings about this type of divorce, was divorced from her husband, simply because she didn't like him. She actually approached the Prophet salallahu Alaihe Salam himself and said, I don't have any complaints about his deen or his character, but I just can't stand the guy. That's basically what she said. The province always responded to her. He said, He gave you a garden

00:36:34 --> 00:36:42

for your dowry, isn't that correct? She said yes. He said, Would you be willing to give him his garden back? She said yes. And then he said, Okay, then

00:36:44 --> 00:36:45

you're divorced, basically.

00:36:47 --> 00:36:47

This is the

00:36:49 --> 00:37:20

this is the fundamental pneus the text upon which most of this type of divorce is based. So the scholars asked, Is it possible? Or is it permissible for them to agree upon an amount that is higher than her dowry was? What if her dowry was 10,000? And he wants 11,000? Is this sort of thing permissible? This is a difference of opinion amongst the scholars, many of them such as our PA, and oppose, and Zoofari and Irma women's rights and no, this is not permissible at all.

00:37:22 --> 00:37:34

This defeats the entire purpose. He only paid 10,000 Why should he get more than that? Other scholars such as Madigan Shafi, they said, Yes, this is permissible, as long as they agree.

00:37:35 --> 00:37:57

If they both agree to it, then it resembles some other type of contract such as a sale or something like that. And if people agreed to it, then they agreed to it. Other scholars took the in between between those two positions, such as the position of the Hanafi school, and the humbly school, they said it's permissible but it's disliked is mcru.

00:37:58 --> 00:38:04

Because it contravenes and contradicts the wisdom behind this type of divorce in the first place.

00:38:08 --> 00:38:12

Very good. So a private question comes in, how does this work with provision?

00:38:13 --> 00:38:30

What if the husband is not providing and she wants a divorce? What type of divorce would that fall in? If a woman is being deprived of her provisions that she is entitled to, by virtue of the fact that they are married, then a Mufti can dissolve their marriage?

00:38:31 --> 00:39:22

Okay, this she should not have to pay a price, such as what happens include it in order to be free from the marriage? He has, we're talking about, you know, it has to be established with certain procedures. But if it's true, that he's not providing for her in a way that is culturally normative, we're not talking, you know, he didn't get me my Louis Vuitton bag, and so I'm gonna get our marriage dissolved, is that I'm not living in a sustainable place. It's not a safe place. I'm not getting basic provision, then any move d or call the can dissolve that marriage? Without unilaterally unilaterally does not take the the he doesn't need the the agreement of the husband in

00:39:22 --> 00:39:23

this case.

00:39:25 --> 00:39:35

That's a good question. Where does separation fall into this? I'm guessing sister Syrah you're talking about separation in the terms of the Western sense how we use it.

00:39:38 --> 00:39:48

Well, one could one could consider the the or the waiting period, a type of separation.

00:39:49 --> 00:39:59

Okay, though it is different. I mean, when people talk about separation in common divorce law, it's okay. They are usually

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

living separately and in financially independent, and so on and so forth.

00:40:09 --> 00:40:24

We have discussed previously that when it comes to the waiting period, there were certain rules and regulations to it, or at least at least defaults, right? So one of the default rulings is that the waiting period has to be spent in the same house.

00:40:25 --> 00:40:36

Unless, of course, there's abuse, or there's other things like this, there's manipulation going on. In that case, she can go wherever she wants to go. But in a normal situation, that's free of any sort of

00:40:38 --> 00:40:51

any of these factors. It's actually obligatory for her to spend the waiting period in the house because now I'm Allah, you actually have about a daddy camera, because the entire wisdom behind the waiting period is reconciliation.

00:40:54 --> 00:40:56

So the data itself,

00:40:58 --> 00:41:12

the data itself, okay, so you're asking, What if somebody is separated? So what if somebody in just common law gets a separation? How would this what would their what would the status of their marriage contract be? Islamically? Is that the question?

00:41:20 --> 00:41:27

Okay, that's good. It would depend on the specifics. If they are out of this out of They both live in separate houses,

00:41:28 --> 00:41:35

and they have no intimacy, and their finances are separate, then.

00:41:42 --> 00:41:44

You can't say that they're not married.

00:41:46 --> 00:41:48

Unless one of them wants to be not married.

00:41:51 --> 00:41:54

That's I guess, where I would draw, draw the line and hesitate?

00:41:56 --> 00:42:16

Because even within Islamic law, if we take a situation, the women have rights men have rights in a marriage. Okay. rights can be foregone and forgiven. That's part of your right to do so. So Javita, probably Allah Han, was a rich woman.

00:42:17 --> 00:42:21

She didn't need provision from the prophets, Eliza.

00:42:22 --> 00:42:31

So she, for wins, winds gave up her right to maintenance knuckle.

00:42:32 --> 00:42:40

She wasn't like, Okay, I'm going to retire. And I'm going to just let the prophesies set on take care of all of my financial needs. It wasn't like that.

00:42:41 --> 00:42:46

So because of her situation, she has the right to give up her. Right.

00:42:48 --> 00:42:49

So separation

00:42:51 --> 00:42:57

seems like to me that it would be a similar situation where people are giving up their rights.

00:42:58 --> 00:43:00

Willingly, right?

00:43:01 --> 00:43:10

You have the right to intimacy. Okay, you're giving that up. Usually, you have the right to being taken care of financially, you're giving that up.

00:43:14 --> 00:43:21

In such a situation, it doesn't necessarily mean that they're divorced, unless one of them wants to be divorced.

00:43:22 --> 00:43:27

If at any time one of them says, or one of them wants to rescind

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

the fact that they've given up their right to say, You know what, I want this right back.

00:43:34 --> 00:43:35

I want to be taken care of

00:43:36 --> 00:43:37

and they're not doing

00:43:39 --> 00:43:48

then that would be grounds for divorce. But that's a very, very interesting question that nobody's ever asked me before. I don't think that separation is

00:43:50 --> 00:43:59

under most circumstances by itself of divorce Islamically. And I could be wrong about that. But it would depend on the situation and the specifics.

00:44:03 --> 00:44:06

Does that kind of answer at least the

00:44:09 --> 00:44:12

the general kind of question that that you had?

00:44:21 --> 00:44:22

That's a good question.

00:44:25 --> 00:44:37

Any rights can be given up even the right to to enter the seats or anything like that there are situations where some husband's travel. Some of them have businesses international or even second home somewhere.

00:44:38 --> 00:44:43

The wife is entitled to intimacy. She's entitled to time with her husband.

00:44:46 --> 00:44:55

From the goodness of her own heart, and for the sake of the marriage, she can choose to overlook that if she wants to. But she also has the right to demand it.

00:44:56 --> 00:44:59

And so if she decides to demand it, and he's not providing it

00:45:00 --> 00:45:12

And is unwilling to provide it, then that would be grounds for divorce if they chose to go that way. But I think it's safe to say that divorce can't really happen unless

00:45:14 --> 00:45:17

one of the sides at least wants the divorce.

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


00:45:30 --> 00:45:41

If that's a good question, if they're married Islamically and, and in common law and they get divorced in common law, are they divorced Islamically also, or do they have to get a divorce Islamically two

00:45:46 --> 00:45:51

I would say that in the majority of situations, they would be the fourth, they would be divorced as well.

00:45:53 --> 00:46:04

If you get a divorce, In common law, the default situation is that you at the same time are being divorced Islamically. However, there might be exceptions.

00:46:05 --> 00:46:33

If for some strange reason, and I'm not going to go into details, but if for some range, strange reason, the couple determines that somehow, by getting a divorce within the common law, they are going to obtain some sort of benefit somehow. And they both do it with the understanding that they're still going to remain married Islamically I could see perhaps a way where that could be legitimate.

00:46:34 --> 00:46:45

Not within common law. But you know, I could, what I mean to say is, I can see a way in which their Islamic marriage would still be legitimate. However, in the majority of cases,

00:46:47 --> 00:47:04

a divorce in common law is an expression of will and intention to end the marriage. And that's all it requires, in Islamic law, to initiate the divorce process. And so it's taking care of one implies the other.

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

Good question.

00:47:09 --> 00:47:11

Anyone Any other final questions? We've kind of

00:47:13 --> 00:47:17

run over time a little bit, but I'm happy to answer any other questions if you have them.

00:47:25 --> 00:47:50

Scholars talked about what type of compensate compensation the woman has to give from her dowry does she have to give the exact same type or the exact same amount? Some scholars said that it doesn't even matter if they even specifically agreed to it. They can agree to the details later, if they generally agree that she's willing to give up something or part of her dowry, whatever it is, then the caller can go forth and proceed.

00:47:53 --> 00:47:55

It's not really relevance.

00:48:00 --> 00:48:02

It's not really relevant.

00:48:16 --> 00:48:41

Good, the waiting period, we said it, it doesn't does not apply. Oh, for common law? Yes, definitely. Definitely. Yes. A an expression of divorce within common law is the same as a divorce pronouncement. And so we would, it depends on who initiated it, depending on you know, whether we're going to categorize it as a lack or color.

00:48:43 --> 00:49:23

If it was from the husband, and he's not getting any of the dowry back, then we call that follow up. And so the waiting period, has both of its rulings both with when the divorce is finalized within Islamic law, and when she's able to remarry. And if it's initiated, either jointly, the divorce or by her complete initiative, and she's giving back some sort of financial compensation to him, then we would consider that and the waiting period would apply to when she's able to remarry, but not upon the finalization of the separation.

00:49:49 --> 00:49:55

Just I mean there's only one or two little little issues for the entire chapter of color. So just very quickly.

00:49:57 --> 00:50:00

Can a whole be resend

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

If in the waiting period No, it's not like badhak. So whereas before, in Pollock, all they needed was to have a moment of intimacy or to agree to reconcile and then the marriage is just like it used to be. Whereas, no, it's not possible they require a second contract. It is finalized upon completion. However, is she allowed to marry her ex husband within her ENDA, within her waiting period? Yes, she is.

00:50:33 --> 00:50:40

Whereas anybody else she would have to wait for the expiration of the waiting period. And I think that's clear why that makes sense.

00:50:44 --> 00:50:44


00:50:50 --> 00:51:05

All else being equal, what happens if they both disagree as to how much they agreed upon for the whole app? The woman's testimony has given priority over the man's according to the majority. If there's no evidence of either one of them being more truthful,

00:51:07 --> 00:51:10

good stuff, but we're way over time. I apologize for going for going over.

00:51:11 --> 00:51:22

So if that's all Inshallah, then I bid you good night. And we'll see you next time. In sha Allah Tada. I mean, what you said I'm already coming off to La

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