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Fiqh of Divorce

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Yasir Qadhi

Channel: Yasir Qadhi

Episode Notes

Shaykh Yasir Qadhi now divulges details on the topic of divorce.

Various steps of reconciliation can be made for the saving of a marriage such as  advising one another and communicating appropriately. In case of ineffectiveness, one can resort to an open rebellion.

Types of divorce :

  • Sunnah way to divorce one’s wife
  • Bidah way of divorce
  • Conditional divorce
  • Vague divorce

What is the woman’s right in the matters of divorce? What is meant by Khula? What are the conditions of taking a Khula?

Shaykh Yasir also enlightens us about the ways a marriage is broken. Also, the term Iddat is properly explained and the terms and conditions relating to it are explicitly brought to the fore.

The next important topic for discussion that is chosen is the matter of the custodian of children in the event of a divorce? What does the Sharia state in this case? Shaykh Yasir Qadhi answers.

Episode Transcript

© No part of this transcript may be copied or referenced or transmitted in any way whatsoever. Transcripts are auto-generated and thus will be be inaccurate. We are working on a system to allow volunteers to edit transcripts in a controlled system.


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Bismillah Alhamdulillah wa Salatu was Salam

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ala Julian fusina woman, Dr. Medina, manga de la cama de la ville de la

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ilaha illa de vous la sharika washu, Anna Mohammed and Abu

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Dhabi.

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So we have briefly covered in the last five or six lectures concerning the ship of marriage. And we summarize the basic essential components of marriage, we haven't gone into great detail because of the time and the class format. But inshallah we'll go with the bare essentials, all we need to know about the face of marriage. Now we move on to the fifth of diverse the Kitab, Tara, or we say diverse, but in reality, we mean anything that breaks the marriage. Okay, so we say the book of divorce a chapter of divorce, but in fact, there are a number of things that break the marriage, okay. Firstly, there is an element in Arabic you call it?

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First, it is an element of the marriage, you call it first, we get right against an example of a nomad who can give me an example where he talks about this, exactly a noun that basically has to do with a factor that is in general outside the role of the spouse, either of the two spouses. In other words, you don't rule an annulment, you don't break a marriage to an adult, it just happens to exterminate, for example, a man and a woman are married. And it is discovered, for example, that they were foster brother or sister, which they didn't know about at the time of the marriage. So the marriage is automatically a note. We call it all for example, what might happen in this country,

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we've heard of the types of cases where one of the two stops and becomes a non Muslim, they're both Muslims. Okay, one of the two spouses leaves Islam, and they are he or she becomes a non Muslim. Okay, so the marriage is a no.

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Okay, we already gave some examples of before this, but the point is, this is not something that you bring about if you want to end the marriage, you don't go through fast just occurs because of an external factor. Okay. So this is one of the ways that the marriage is broken or finished, we call it first for a moment, okay. And then an element by the way, just for just for

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because we're talking about it, the there is the waiting period of one menstrual cycle one month or one menstrual cycle in general, in general, there are exceptions, but in general and anonymous, you don't wait a whole pre menstrual cycle like you do in a divorce, it's just a waiting period of one menstrual cycle, okay, or if she doesn't menstruate than one month. Okay. In general, there are exceptions to the rule. So this is the first way that we end the marriage or then our marriages ended through annulment first, and we said that in general, this is outside the rule of the male or the female, you don't enter the marriage, it is not automatically through because of an external

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factor. Okay. The most common way that a marriage is ended is number two, and that is by luck, or divorce. Okay, the most common way that a marriage is ended is through a law or divorce, whereas the non pronounces the divorce on his wife, okay, this is the most common way to do to end the marriage. And that is what we call the whole chapter, or the chapter after, because it is the most common and the most detail that we're going to go into discussion of. So before we jump into that, one of the other ways that emerges, number three is in Arabic. Hola. Hola. Okay, now I call them Hola. Hola. Hola is when the wife

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pays your husband to divorce her. Okay? The wife will give her husband a sum of money to end the marriage. Okay, so this is separate from divorce from Pollock and we're gonna talk about differences either today, or in the next lesson in Sharla. So the third way to end a marriage is through hula. These three ways are the most common the other two, three we do we're just going to mention are not common at all. That is what we're not going to discuss them in detail. If you'd like the first way that a marriage is ended is through something called

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rehab. Okay. We

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will not avoid a walk alone. Okay, the first way is the hardest. The fifth way is

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Eli Isla Hamza, ya know, Alif Hamza, and the sixth way is Leon or mutual cursing Leon. Okay, there's six ways that a marriage ended has to be one of the six ways. The first three are the most common. And these are the ones that we're going to go into the greatest detail the other three, we'll just zoom over quickly. In one lead definitions for now we jumped into keytab with Paula or the chapter concerning collapse. And we say that it is the mercy of Allah subhanho wa Taala and of the blessings of Allah subhanho wa Taala that He has given us

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the concept of product and this goes against religion.

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In particular, Catholicism, okay, Catholics, they don't believe in divorce. Catholics do not believe in divorce, till death do they depart to this is what they say to death? Are they going to remain in marriage, okay, and this is of the mercy of Allah subhana wa tada that He has given us this thing called reverse, because not every man is going to be compatible with every woman and vice versa. Not every man and woman are going to be a perfect match and they're going to live their lives together. They can't do it. Sometimes there's just too many physical Not, not even in Islamic reasons, humans.

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fidra that the man and the woman they cannot get along with one another, okay. So it is of the wisdom of Allah that He is assigned for us and he has given us given us the output known as divorce where a person can get out of his marriage. Now in general divorce is something which is discouraged in Islam. Divorce is something which is discouraged in Islam. Okay, this is a general reading. When we talk about the general ruling of marriage, what is marriage? encouraged? Okay, the exact opposite is diverse and it is the exact opposite and it's really it is discouraged in general. Okay, so to divorce only for a reason is something that is discouraged in Islam. Okay, it is not good. It is not

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rewarding to divorce a woman for no reason. Okay, this is because there are certain weak narrations in which the process that I'm said that is reported to have said that the worst allowable thing to avoid is divorce, okay. And another Heidi, which is even weaker than the first one that the throne of Allah shakes when a divorce occurs is even weaker than the first one but the point is the concept is authentic in that divorce is something that is discouraged in Islam, it is not encouraged, it is not a rewarding act in general Okay, whereas marriage is a rewarding act, okay. But in certain situations, it becomes allowed you buy a MOBA becomes allowed, this is when the man and woman cannot

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get along together, there is some type of marital discord that leads to the state that the man cannot live with the woman and vice versa. So it takes a status higher than being discouraged becomes allowed to do okay, in other cases becomes encouraged or even obligatory to do confessing to the situation will become encouraged or even obligatory.

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Well, this is not divorced of what goes back to the cola, for example, the scholars giving example.

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No, then the marriage will be annulled. It's not a divorce, if someone converts if a man converts to Christianity that marriages and I'll

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give a more specific example to the ones that are usually mentioned, when the man finds out, for example, that his wife is not being loyal to him, that she is being rude in her character, or even going to the extreme of having intercourse with other men. Okay, some of them as they become obligatory for the man to divorce his wife, because he doesn't know whether the child will be his or not. Okay, so some states, this is one opinion that it becomes obligatory in the situation to divorce the woman and that situation, okay. So for example, when she is not practicing Islam, when she is not praying, and he tries to make a frame for surgery, but she doesn't pray, some other

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method becomes strongly encouraged in this case to divorce. So, the general rule is that it is discouraged in this particular tradition, it becomes encouraged to divorce when the woman is not a practicing Muslim, when she is not practicing Islam, the way that it should be practiced. So, the general rule concerning divorce is that it is something that is discouraged. Sometimes it becomes allowed, such as it becomes, you know, encouraged and sometimes it might eventually become obligatory. Okay. But the general rule is that divorce is an is discouraged, asked to do, by now there are we have to define we have to talk about various types of divorce, focus or move to a

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different section. Now, the various types of divorce. My husband said over and over again, there are various ways to look at anything when you look at for example, the animal kingdom, you can divide it into those animals fly, those animals that don't fly, you can divide into those animals that have four legs around Are you dividing the same thing in two different ways. Likewise, divorce has different ways of looking at it. So don't get confused only to find different ways of divorce, a different perspective to look at divorce are different classifications of divorce, the first classification classification is reserved for the divorce and irrevocable divorce. Okay. So, under

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the classifications of the types of divorce, the first classification is the vocable reverse and irrevocable divorce what is the vocable mean? You can take it back you can change it, when it is equal to me, you can change it. So, what is a reversible divorce, the vocoded reverse is defined to be that type of divorce in which the husband has the right to cancel the divorce and take his wife back. Okay. So they will break the record as divorce is defined to be that type of divorce in which the husband has the right to cancel the reverse change his mind and take his wife back. And in order for this to be met, two conditions must be met. The first condition is that this is the first or the

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second time that he is divorced in this particular woman. Okay, the first or the second time what happens when the third time it becomes irrevocable, which we're going to come to now. So it's either the first time as it was in his wife, or the second time is divorcing his wife. The second condition is that the woman must be in her waiting period, the woman must be in her waiting period. I will define waiting periods next lesson, but right now just write down waiting period. We can define what it is in the next lesson, because it changes depending on the situation. But the point is there must be a certain period that a woman is in. So let me give an example a man divorces his wife for the

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first time. Okay. He says to her You are now divorced from me.

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Now the woman is in her waiting period, which in general luck, we're going to come to

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Two is three menstrual cycles, three menstrual cycles is a general waiting period. But with other exceptions, we're going to talk about them in the next lesson. So it's your second menstrual cycle. For example, he changes his mind and he says, Okay, I want you back.

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There's another the woman wants to come back or not know that you need a new marriage contract, though, that he didn't need new member No need to approve agenda denied? No. Is that clear? And evasive?

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Or sorry, the result is is this the authority is in the man's hand, it is his right to change his mind. It is his right to take her back, whether she wants to or not, whether they're really agreed or not, there is just It doesn't matter. And you don't need a new last contest. You don't need a new matter. You don't need a new two witnesses, as long as it is within a waiting period, and it is the first and second time of divorce. Okay, this is why I left isn't

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that was brutal. So we'll have to get up the hill is alika in

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the house and have more of a right to take them back. If they want to repair the situation, repair the marriages and sort of Bukhara rows 200 and something was 200. And something that's where the verses are talking about divorce. This is where this I also occurs that their husbands have more of a right left Iran 230 their husbands have more of a right to take their wives back if they want to repair the marriage situation. So unless clearly stated in the Koran, that the husband has the right to take the marriage back, doesn't matter whether the woman wants it or not doesn't matter whether her wedding or guardian wants it or not. They don't need a new marriage contract at this stage. It

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is a reversible divorce, he has the right to take the woman back okay.

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So, those are the two conditions for for a worker to diverse.

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It is either the first or second divorce and the second condition is that she is in the waiting period. Now if either of these two conditions are not met, what happens?

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It becomes an irreversible divorce. Okay, it becomes an irrevocable divorce. Now, so we get down to the second

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section or the second category is workable divorce and irrevocably divorce is also divided into two sub categories don't get confused when we're talking about right now, revocable and irrevocable, right, we defined revocable divorce and we said that it has two conditions. Now irrevocable divorce. It also has two subsets such as to that are two sub categories. The first one is the minor irrevocable divorce.

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Okay, the minor is irreversible divorce and what do you think the second one is? The major it will cover obviously, the major irrevocable divorce is a minor irrevocable divorce is when the husband has divorced his wife for the first or second time, but that guess the waiting period has expired, the waiting period has finished. Why is it called a minor irrevocable divorce? Because the husband does not have the rights to to change his mind about the divorce, the divorce has taken into effect, but he is allowed to re marry his wife. If she agrees, and there is a new marriage contract, as we already agreed, and the two witnesses and there is a man. Okay, is that clear? The difference

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between the minor divorce and the widow? Divorce, the minor divorce when does it occur when the husband has divorced his wife to the first or the second time, and the waiting period has expired has finished. Okay, so the man says to his wife, you are now divorced, three breaking three menstrual cycles have expired. As soon as that menstrual period has expired. The woman is now officially divorced. Now he wants to be married to a woman. If the woman says no, can you let her know? If she says yes. Do they need a new marriage contract? Yes. To the new man has yet another two witnesses? Yes, there's a we have to agree Yes, all of these conditions have to meet in the sense

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that nobody has to be present. Okay, the way it has to be done. Okay. So all of these conditions have to be met. Very good point that all of these conditions have to be met of a new marriage. So this is why it is called minor. Because you can say that married It is called a vocalist because the husband doesn't have the right to take his wife back. She must agree to that. Okay, so do you understand the difference between this one in the first category? Everyone understands? anyone gets confused, raise his hand. Okay, don't be embarrassed if you understand someone else didn't understand. Also, everyone understands the difference. Okay. The major in vocable was when do you

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think that occurs?

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After the third divorce, after the age of versus when it is called major, irreversible divorce? Why is it major? Can the man who married a woman even if she agrees? No, we suddenly found three strikes and you're out right? Three divorces, as the man does not have the right to marry that woman. Unless and until What? She realized another not a correct marriage reset remember a correct marriage. In other words, the man wanted to marry the woman and the woman wanted to marry that man. They didn't do it just to make him just to make her first husband. This is this is this

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Now, this is one occasion we talked about this last week, a collect marriage they married and then that marriage breaks apart either due to divorce or the death of the husband, then she can be married the first husband if she desires. So this is called a major, irreversible divorce, that the only way that the first man can get back to the woman, is there a second mode, a proper marriage, and that marriage is an order destroyed and then she can marry the first one. So do you understand the two types of divorce revoke? Was it reversible?

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Everyone's clear was that right? We're vocable divorce and irrevocable divorce and it will irrevocable is also divided into two subcategories minor, irrevocable and major irrevocable now move to another definition of divorce. Now move to another section as a chapter of the types of divorces. We call it the Sunni type of divorce assume that type of divorce and the type of divorce Okay, Bella personally and Paula COVID. What is the proper the simulated divorce zoning and what is the improper or the visually way to divorce a woman?

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Okay, so in this section we'll start off with a painting the various classifications of Pollock, right the first classification was based upon revoke ability, the second classification is based upon the sum of the profits also, what is the population of boys are women and what is the improper way to divorce the woman and religion brothers This is a very important topic because this is where this is where all the problem starts. When a man divorces his wife not according to the center, then he regrets it. Okay, if only this was the reason we're studying divorce We seek refuge from falling into divorce right? But we need to know divorce because if not, for sure, someone we know for sure

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someone similar offense is going to go through a divorce. So we should know the proper way for divorce because in case they change their mind, they can go back to their first decision. But if they have gone through the improper manner of divorce, this is when you might regret it later on. And they will permanently for the rest of your life. It might affect their children, the future everything will be affected even after because as we know, your spouse isn't the athlete or your spouse's in this life. Okay, so if only the brothers followed the similar manner of divorce, they would never be any regrets. But the problem is that in their anger, and because of their ignorance,

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whether they fall into the improper digit amount of divorce, and this is where the problems arise. So we first talked about the center matter of divorce, what is the proper way to divorce a woman Okay, so you understand we're talking we're talking about the proper way to divorce a woman according to the center of the Prophet sallallahu alayhi wasallam.

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Now, our rhythm is either going to be in her period or she is going to be in between the two periods right have come a long way she will be pregnant

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there is no other situation a woman is either in a period or in between or two periods or pregnant This is the general I mean the gender woman I mean, there are always exceptions, but the general woman will be in one of these three situations. Now, the similar reverse must take place

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in between her two periods, not while she is pregnant, not while she is in her period when she is pregnant, okay, the similar divorce you must the proper way to give a divorce is either when the woman is pregnant or in between the two periods

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and you have not had intercourse during that period. Okay. Now the woman for example, she finished her period On the sixth day of the month, the next period will be on the let's say the 27th of the month you want to divorce on the 16th of the month that means that if you want to do it the similar way you could not have had intercourse with her from the sixth until the 15th of that month.

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Okay, so that interval period in between the two periods,

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you are not allowed to have intercourse with her. If you have had intercourse with her and you want to divorce her What must you do? You must wait until the next menstrual cycle starts with and so that finishes it finishes wait until she purifies from that menstrual cycle and then not have intercourse with her and then divorce her. Okay. So it is not allowed to divorce a woman it is held on and that is sinful if he divorces a woman in her menstrual cycle

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in between the two period and he has had intercourse in that in that period. So do you understand the scenario? Okay. The example is an example. The exact thing it's an example. Okay, let's try to keep question unless you don't understand if you don't understand we asked but if his question then we'll keep it to the end. Okay. So if the man divorces his wife into the menstrual cycle, he is sinful. This is a How long does the video divorce? We're gonna talk about that in a while. Okay, he is sinful for doing so. If the man divorces his wife

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while she is between her medicines, but he hasn't had intercourse with her before that time in the same messes in between the two menses then he is also sinful. Okay, why is this this goes back to a great version of Allah subhana wa Tada. Specifically during the menstrual cycle, during the menstrual cycle, what happens to the woman? more emotional, right? It's a syndrome called wet PMS. Right. PMS is a syndrome that all women go through in their menstrual cycle. What happens during this stage?

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We become more irritable, they become more angry, they become more emotional. So Allah subhanho wa Taala has made it forbidden haram for the man to divorce his wife during that time, great wisdom of Allah, because the woman might do things that will make them so angry, he will divorce her, what is another reason why it was in his harem, and this time goes back to the men now, because you can't have intercourse with the woman. So what happens to the man now that he hasn't had intercourse for a few days, he himself will become more irritable, right and more angry at the woman. Okay, so both factors involved. And this is a great wisdom of Allah subhanho wa Taala, that he has made fun of her

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arm during the menstrual cycle. And if a man does, so he is sinful. Now what happens we're gonna talk about in what's called productivity or the degree, the type of divorce, this is not the only type of divorce The sooner type of divorce. Okay, the sooner type of divorce you wait is patience, or less and other kinds of things, you really want to divorce this woman. And he's also looking at you realize, can you live without this woman or not? So you have to wait, if you have had intercourse reversed, you have to wait until either she becomes pregnant. And obviously Veronica Whitman is going to divorce his wife, right? He's going to have a child with her. But I'm thinking

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is alive when she is pregnant. It is allowed but you have to wait either until she becomes pregnant until the next menstrual cycle that happens. And when she becomes purified from that, and when you guys have intercourse with her. And then if you want to divorce her you have to divorce her You are not allowed to divorce after intercourse in the same in between the two menstrual cycles. Okay, so this is clear if it's clear if it's unclear otherwise, questions at the end, okay. It's not clear Okay. Yes, if a query is finished and she you know, purified herself from the period and you have not had intercourse with her, then you can divorce Okay, no, no, no, okay. So, this is the collapse

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of the sumita It must be given in this type of product or opportunity called the similar type of product it is given at this time, they have the second thing about the similar type of product is that the man will not repeat the product more than once, either, either within that same menstrual cycle in between the geometrical or after the second and third menstrual cycle. He doesn't repeat it just once. So the man wants to divorce his wife, he tells her, I now divorced you, you are now divorced. He says it once I now divorced you. Now he doesn't say anything about divorce. He doesn't repeat the divorce until until the waiting period expires. Why is this? Who can tell me why this is

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the case. So that just in case the man changes his mind, either during the waiting period, or after the waiting period, he still has the option of

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remarried to a woman. Okay, so the similar type of divorce is that you only give one divorce in this particular time that we mentioned. Okay. So if a person gives more than one divorce, that he is sinful, this is a type of divorce. And this is where all the problems occur. When the man is angry, he tells his wife, you're divorced three times that he wishes It was a divorce you. This is where the problems occur when the man does not follow the Sunnah, when the man turns into that type of divorce, okay, if only the men did the similar type of divorce, they would never regret anything. Because if they change their mind in the dating period, what can they do?

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Take the woman back. If they change your mind after the waiting period, still, there's a chance of getting remarried. Okay, the problem arises when the people turn away from the Sun when the people don't bother this type of divorce. Otherwise, if the managers reserves the right and the proper timing, and the owners of verses were once, then he can get back to her either in the waiting period without the will whether she likes her or after the waiting period if they both agree to get married again. Okay, so is this called a similar type of divorce? two factors must be met. Firstly, the timing of the divorce. Okay, when you divorce the lender, we talked about this particular type of

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divorce. Secondly, the number of divorces also must be only one. Now what some are number this is one of the opinions of one of the main hubs, and this is

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incorrect opinion because it is very dangerous. Some of them and have in particular by the hannity method is states that you should divorce the woman

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in the property they all agree versus representing all the scholars is about the timing issue. Okay, there's differences of opinion that the number issue. So some of the highlights is the state that you should divorce the moment in one menstrual cycle, wait until the second menstrual cycle finishes, then divorced again. Then we'll go into the third menstrual cycle finishes. And this is in the waiting period, remember? And then the poster again, what have you just done if you follow this procedure,

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you've given you've taken up your three rights now. And the end of the story, this marriage can never take place again. So this is a major problem. And that's where the majority randomize against this type of divorce. Only the benefits of this type of thing and this is clearly incorrect, because the whole point of divorce is that you keep on giving the men and the women options to get married and to get back together again. But if you do it in this manner and you have given up your rights, okay, this is not the proper methodology of divorce, even tourism as a producer this but this is definitely not the proper methodology. Because if you do it in this manner, the 911 can never get

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back together again and this is why we have so many problems in India and the country.

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Following the hannity method, that when a man divorces his wife, he follows this methodology because this is the way that he has been taught. And then he regrets it. After the wedding is over, he has five kids, he has three kids, or he wants his wife died after they separate, he realizes he wants this one back. This is the limit of his life, but it's too late.

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So this is that's why the problem has failed because they didn't go through the similar methodology of divorce. So we say that this is not the time to solve your divorce, she thinks that we take into account what are the two things the timing of divorce, right, and then number two is the number and it is only one the submitter versus you only give it once. If people only follow the similar diverse then the chapter of product would be the slowest chapter in the book of very simple, open ship. The problem is people go into incorrect methodology. That's why we get to so many scenarios so many data and people start regretting it. So this is the assume that type of divorce. Now the data type of

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divorce. This is where the problems start. The good that type of divorce is one what happens when you divorce her during her menstrual cycle when you divorce her when you divorce when she's pregnant, is this is this allowed or not allowed when you divorce whether she is pregnant as soon as type of divorce

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when you divorce after having intercourse with her, but before the period starts, okay, so within that same interval of the period, okay, this is the biggie a type of divorce. Okay, so the sooner the sooner it suddenly there's an article called PaRappa Sunni, okay follow up as soon but as soon as I produce we have just defined it that visually, the illiteracy type of divorce is when the man divorces his wife in the menstrual cycle, where he divorces her in that interval between the two menstrual cycles in which he has had intercourse with her. Now, what does the man do if he has divorced his wife during the menstrual cycle, this is where all the external starts.

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Firstly, he is sinful without any doubt he is sinful he must repent to Allah for that. Okay, secondly, and I'm going to zoom over this I'm going to go with a crack up and only I'm not going to go into the different exterior part because it's too long of a chapter. Secondly, he must take that wife back because he did that diverse in the improper time. And this also is at the mercy of Allah said if a man is angry, he divorces his wife in the menstrual cycle, okay, then he is commanded to take her back. But when we must take her back, he must take her back, not when her period finishes the first time, but a whole month must go by the next period must start the next period must finish

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and then he must have was right and if he wants to, okay. So do you understand what I'm talking about the man has divorced his wife while she is menstruating, Okay, first thing he is sinful because this is the

00:27:43--> 00:27:54

second thing you must take her back. So, you must take a background This is now my wife again. If he wants to diversify, if he really wants to divorce with the human situation not after the period finishes, but when

00:27:55--> 00:28:21

after this technically finishes why because the period and the period and the terrify the period the menstrual blood type type and the purity period after that is considered as one unit. So he must wait the whole unit until the second period starts. And in that interval, he must not have intercourse with him because he wants to divorce her again. Then after the second menstrual cycle finishes, he must not have intercourse with a venti posture, okay. So he is sinful.

00:28:22--> 00:28:35

He must take her back. And then if he really wants to divorce, you have to wait a whole menstrual cycle again and then divorce her again. Okay. Now as a penalty. So, as a penalty because of what he has done. The first divorce is counted against him.

00:28:36--> 00:28:40

What is this little colored against? It means that as his three divorces, one has gone.

00:28:41--> 00:29:14

So when he divorces her after the rescue cycle, how many does he have left? Only one because two have gone this is a penalty that will take place if he divorces his wife in the menstrual cycle. What is the evidence for this clear evidence and the parties must have had is that even your own man who is in Yama, Abdullah bin Rama, right? He reversed his wife while she was mystery. So that his father went through the process of him and told him about what he had done. So the process and became very angry, and his face became red. Because it shows you the danger and the evil of divorce in your life during pregnancy or during the pregnancy excuse me, you're allowed to divorce he or she

00:29:14--> 00:29:21

is pregnant during menstruation. So the process of became angry. And then he said, command him in meaning.

00:29:24--> 00:29:50

Command him to take her back, command him to take her back, and then wait until she becomes pure, and then wait until she demonstrates again. In other words. In other words, she has been computed a few days when she has a whole month and then she becomes menstruating again. And then she could use demonstrations to command him to take her back and then wait until she becomes pure and then wait and she has another cycle and then divorce or if he wants to.

00:29:51--> 00:29:54

Clear authentic hadith in Bukhari and Muslim.

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

Okay, what the process would have basically commanded him to take his wife back so

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

When Amanda versus his wife, and she is menstruating that he must take her back. As soon as he finds out as soon as he comes in or whatever, he must take her back. If you know when when one factor is counted, when divorce is counted, that dependency that he pays for disobeying the purpose of law is that if you have to divorce the one does he divorced

00:30:18--> 00:30:38

after the second menstrual cycle, now he doesn't have to divorce he can change his mind and say, okay, you're my wife again. But one part of it has still taken into effect. So he is now down to two strikes. Okay, because he has used up one by disobeying the profits of the law. So he doesn't have to do that. But if he wants to reverse it, he has to wait until the second menstrual cycle.

00:30:39--> 00:31:14

And that will be the second divorce. Yes. Okay. So if he changes his mind again, then he only has one divorce. Okay, this is the punishment or the penalty that he basically disobeying the processor, the product can be the this is the penalty for, okay, otherwise, he must take her back in the first divorce, he must change his mind and take her back, but it is still counted against you. So this is the first difference of opinion The major difference of opinion about the product when it went when it occurs during demonstration, what is to be done? And I just summarized for you the correct opinion, there is a biggest draft of this. Firstly, must you take her back or not? Secondly, is this

00:31:14--> 00:31:33

for lack of valid or not morale and other minorities, they say that a man divorces his wife while she is menstruating. It doesn't matter. It is as if it never occurred. But this goes against the vast majority of development, the vast majority say that it does occur. But he is sinful. And they and they base this on the Hudson River. What did they use? Who knows? We just quoted the heavy

00:31:34--> 00:31:47

command him to take her back. Right? And then wait until the second ministers How do they use this I use to show that the divorce divorce has occurred? No. Huh. So So, no.

00:31:50--> 00:31:56

In other words, exactly. The very fact that the prophets of the lesson have commanded him to take their back, meaning that

00:31:58--> 00:32:14

that's a divorce had taken place. That would mean they would not be taken back. Okay. Really, when you study is just this is this is the whole beauty of stuff that is very delicious, really when you study for and you find the different opinions and why they say it just as if you really think about it. But where did you

00:32:16--> 00:32:20

get the secret? Because the philosopher commanded him to take her back. If

00:32:21--> 00:32:39

she wouldn't have to take her back in the first place he would say the Wizard of Oz, but the process of commandment take her back. In other words, when the husband divorces his wife, while she is menstruating, that it was dead take into effect the divorce is valid but he is sinful. So this really caught my last video he did do that type of Torah Okay, Is this clear?

00:32:41--> 00:32:48

Now, we move on now to another major problem. Another major problem and this is when

00:32:51--> 00:33:00

the man goes against the second condition of the prophecy and he sells three products at once. Okay, when he says three products at once.

00:33:02--> 00:33:35

This is also the major problem of not just our times during Islamic history, the main problem of divorce has been this one when the men they don't follow through lack of similar products and they just divorce the wife at once they say to to their wives, you are divorced three times or they say you are divorced, you are divorced, you are divorced, or they say I wish you the free type of divorce although wants to say what does it feel like to have it say that you know, went through every menstrual cycle, okay, this is where the problem arises. Now, this is not as soon as our product we said this right? This is not the sooner type of product. This is the beta type of

00:33:35--> 00:33:39

product. But the arena man now has a difference of opinion.

00:33:40--> 00:34:05

Does this three Pollock take account in truth? Or does it occupy the status of one product? You understand this difference? When a man tells his wife You are divorced, you are divorced, you are divorced, or he tells you you are divorced three times when he told you it was up to anything that talks about three. Okay, there's this statement that is equal three, or does equal one. In other words, the 343341 Get it? No.

00:34:07--> 00:34:09

Christian joke anyone?

00:34:11--> 00:34:27

Does it take it does it take in order the three products take place as clearly the segments at one as one. Now the vast majority of the law of the center of the of the format have they stated the same thing that three Equals Three?

00:34:28--> 00:34:30

Three equals three.

00:34:31--> 00:34:59

Okay, they stated that if a man says to his wife, you are divorced three times or you are divorced, you are divorced, you are divorced or I divorced, you threaten anything, it doesn't matter. The phrase it doesn't matter. The phrases don't matter. The essence is when he divorces her three times in one sitting in one occasion. The vast majority of the rule Mr. state that this takes the status of three so he has given up all rights to this woman. Okay. And they base this on

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

Authentic narrations from even our best from even the best who had other Sahaba of his time who had this opinion, a man came to the bath and he said that he divorced his wife three times. So in advance remain quiet. And then he said, one of you goes through and makes a fool out of himself.

00:35:22--> 00:35:24

Okay, why did you make a fool out of himself?

00:35:25--> 00:35:48

By not following the similar type of divorce? Okay, one of you goes about and makes a fool out of himself, and then he comes to me yet, but what can I do? If my boss got angry at this man? He said, a man breeds a list of full elements that he, he makes a fool out of himself by not following the sooner and then we come to the numbers, we're gonna find the solution? He said, No, unless there's no call on women in law

00:35:51--> 00:36:10

to that whoever fears or law or law make a way out for him. So if not, both of you did not feel alone. Therefore, Allah has not made a way out for you. How do you not feel alone? By not following the sun by divorcing his wife at once? Okay, so now that you have disobeyed your birth by doing this, and your wife is now

00:36:12--> 00:36:21

effectively divorced from you, the three divorce Okay, so they're no longer husband wife, this is the irrevocable divorce, they made your irrevocable devils

00:36:24--> 00:36:24

three times.

00:36:26--> 00:36:28

Now he regrets it but because of the state of anger, he said it.

00:36:29--> 00:36:47

If he doesn't regret it, it doesn't matter. Just get a hold of it. Does two equal to three equal one. And the majority said three equals three whether he was angry or whatever, the divorce of different effect as three. So the woman is now permanently How long? How long for him until she marries another man and divorces or dies and then comes back. Okay.

00:36:48--> 00:37:08

He's sinful for that. Yeah. He is sinful for the majority of Burma he is sinful for this prison. You have disobeyed your Lord. Okay. So the non as a penalty for what he has done. And this is the danger of divorce. There is a system what do we say about divorce? The process is that three things, whether you are serious, it doesn't matter.

00:37:09--> 00:37:15

And one of them was divorce. So if a man says to his wife, jokingly, oh, it was

00:37:16--> 00:37:58

joking when he says this, this is one divorce one strike, you don't joke about divorce. You don't joke about divorce. This is something many brothers don't realize, this is something that allows you to go ahead with responsibility. devices in the hands of the man, not the women. So they feel alive, he was giving you this responsibility. So you should act up to this responsibility. You should not mess around with this responsibility. Okay, so if a man just with as I've just jokingly, I just wish you Colossus in one strike. And if he does this three times, this is three strikes. This is three seconds of what has become around for him. Do not joke about divorce. Divorce is something that if

00:37:58--> 00:38:32

you stay upon your tongue, whether you are joking or serious that is now one strike is against you, one point or one one of you three times which has been taken away. Okay, so what is a man with, you know, very angry, and he says, Oh, I'm sorry, I was angry, I didn't really need a divorce or just got angry, it doesn't matter. It does not matter. This is why By the way, divorce is in the hands of the man and not the woman because there's a reversal in the hands of the women. What would happen, she would divorce her husband anytime she gets angry, okay, but you will not be but I say men, when they misuse this, they fall into the same category as women. Now, this is the responsibility that is

00:38:32--> 00:38:49

why Allah has given the responsibility to men and women, because they have certain responses, they have certain faculties that meant that women don't do they can control their emotions though the woman that is why Allah has given vendor responsibility. So when the man becomes angry, and he divorces his wife in anger, he must take the penalty of what he has done.

00:38:51--> 00:39:22

He must take the penalty for what he has done, because he has shown that he is not capable of this responsibility. Okay, if he did not intend to divorce or any divorce or the fit of angry doesn't matter. Afterwards, he said, Oh, I'm sorry, I didn't really I just got angry. The only time it was is the federal reporting footnote. The only time divorce does not take into account is when the man is forced to do divorce, or he is his brain is now gone. Either he is, you know, they injected him with some drugs or something or basically he became crazy. Or he was a gun was put to his head and it was said you reverse your life all through.

00:39:23--> 00:39:52

Otherwise, a man gets angry, he divorces his wife. A man is Jake he divorces his wife It doesn't matter. The divorce will take place. The only time when divorce does not take place. Even though the man has uttered it or written adult writing has the same status as saying the only time is when either he is literally forced to a matter of life and death forced to that I'll kill you or kill us after your daughter or something unless you divorce in this is obviously as if he you know, you know there's no effect whatsoever.

00:39:53--> 00:39:59

His brain was taken away. He was going to was crazy that someone injected him with some drugs that it also did.

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

Mind whatever, that he had no memory of what he had done. Okay? Otherwise the divorce will take into account if it's questions to the end. Well, if you don't understand the no

00:40:11--> 00:40:32

doesn't matter ignorance is not a factor. This is the whole point. That is why we're doing this class. And that is why we want you to go and spread this news to everyone. Because this is a problem. People divorced out of ignorance they haven't studied as soon as when they started reading it. That's when that's insensitive. One of you becomes a fool makes a fool of yourself. And then he says as best I can create a situation.

00:40:33--> 00:40:34

This is where

00:40:35--> 00:40:39

I'd like him to not back as he said, I divorced my wife 100 times.

00:40:42--> 00:41:19

So now that you have disobeyed your birth, and you have cut off your wife from you, okay, this is also authentic narration in a dialogue with me, another man said gets funnier, that I divorced my wife 1000 times what can I do now? 1000 times the reverse is why I said the same thing is that it doesn't matter what you do three or 1000 color and the story. I never learned that I divorced my wife the number of stars in the sky. So he said he told his wife I just wish you the number of stars that are in the sky that's how many times that it was you so you got real angry. Okay, don't have as many stars in the sky that probably comes a divorce

00:41:22--> 00:41:23

doesn't matter

00:41:24--> 00:41:35

because the point was he tried to divorce her a million or 2 million times God best did the same thing that you have made a mistake you have not followed the sinner and your wife is now separated from you. Okay

00:41:40--> 00:41:41

No, the woman doesn't have to hear it.

00:41:44--> 00:41:46

We have to write it or something he has to verbally express

00:41:48--> 00:41:50

if he thinks divorce but he doesn't express it Of course not.

00:41:52--> 00:42:07

He doesn't have to be there for him to get let's get to the questions at the end. So before we share the one that thing by the way, don't ask questions until the end okay. So, practice what you preach and preach what you practice Okay. Now we get into

00:42:08--> 00:42:13

what do we talk about the collected data right. Now we said the majority they say the three equals three What does that mean?

00:42:15--> 00:42:32

means there is a minority and they say the three equals one okay and who said this opinion the most famous scholar who said this opinion is given the same here. Okay, give me Tell me and also his students even though they said that if a man divorces his wife three times in one sitting in one occasion, then this qualifies as

00:42:34--> 00:43:12

one divorce. Okay, now this goes against the majority of the Roma and I have researched this issue semi thoroughly and I am totally confused. Okay. totally confused because there are strong evidences on both sides. So the point is don't fall into the situation there is a biggest trap on both sides. The majority the former has agreed and by the way, the main point that anything is enemies brought against them to this day that we're having colorant his coat his company, that one of the main things they bring us in India is that he worked against the law by saying the three equals one. Okay, now this is not correct. There was no HTML What does this mean

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

unanimous consensus they will know about and in fact this book in the rich Okay, in the rich died 595 What did you miss me a guy

00:43:23--> 00:43:50

720 200 years ago introduce discusses the difference of opinion. Okay. And he says that the bodies are the materialists. They have this opinion. So there was no there was no unanimous consensus, but we said the majority of them they said three equals three. So what in the Premier came and said three equals one, it was something strange and unique to them. So that was one of the main points they leveled against him and told me that he said three were kind of glued to the air he had a very good idea to the process of himself.

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

That

00:43:53--> 00:43:59

if a person divorced his wife more than once in one sitting in the prophets lifetime, they were considered as one

00:44:00--> 00:44:10

likewise in Arabic as time likewise in the first period of time, does anyone understand that people becoming locked in divorce then he said we will give the people what they want.

00:44:11--> 00:44:17

So whenever a man divorces was three times he would count it as three. So this was almost policy. This is a Heidi that they have

00:44:19--> 00:44:50

changed according to this, Heidi. Yes. Now this is in and of itself a difference between is authentic or not. Okay, so that was a startling Buhari muster. Incidentally though. Okay. I know actually, it wasn't me. It is a Muslim. It is done Buhari. It is a Muslim. Okay, so there's the biggest part is having an interpretation of this hadith and we don't want to get into the details of that. And I don't I don't have an opinion on this myself. It is a very confusing issue. Like I said, strong on both sides. For example, bass has so many wires that three equals three. Like we just mentioned, we're five of them.

00:44:51--> 00:44:59

Right? Like was he but he is one of those people that narrated the Harry Potter equals one. So it is very confusing. It was a big, juicy after that, like electrical

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

Okay, big juicy. So I don't have an opinion on this issue. But I say it's a very dangerous if there are, okay. I mean, the majority said three equals three. So don't just play around with the system, the majority said three equals three.

00:45:13--> 00:45:44

According to one opinion, yes, this is a minority opinion. Okay. Now, what does the man do the situation if this does happen, he goes to his localities and he trusts and he gets his opinion on this, okay? He doesn't shop for photos, this is not allowed to shop for photos, whatever, if it was the easiest for you to take it, this is not allowed. Okay. Otherwise, there would be no, I mean, you always find the easiest route when you follow it and you don't have Islamic life anymore. We know you don't shop. What is the visitor even though you're selecting this doesn't mean you have the right to pick and choose based upon your desires. Either you're a student of knowledge and you

00:45:44--> 00:46:22

research the issue. And you come to a conclusion based on the evidence is, if you just follow the item that you trust, okay, the student was just you calling up you asked him whatever he says, that is not binding upon you. Okay, you are not allowed to pick and choose what was based on convenience, if you're qualified to research it. Okay, because if a person doesn't know, sooner, he doesn't know how to how to, you know, see how to decipher that, that he's not qualified to, you know, pick, it couldn't have been on his own. You see, anyway, we stray from the topic. The point is, if a man divorces his wife three times as one, then the majority of them are they said the three equals

00:46:23--> 00:46:26

three. So then in this case, it becomes permanently

00:46:27--> 00:46:31

permanently held on for him, this one becomes permanently haram for him. Okay.

00:46:34--> 00:47:00

We already talked about divorce in the parent demonstration, we said that the majority do not they said that divorce at the demonstration is effective. It does take place that what is what is the penalty upon him, he must take her back, he must wait another menstrual cycle. And then if he wants to divorce or he can divorce, but he is still fulfilling that divorce. Now we get to a different type of a different topic. And that is, how do you give divorce? Okay, how do you give divorce

00:47:01--> 00:47:05

There are two ways of giving divorce, you're interrupting because of again.

00:47:08--> 00:47:15

Anyway, there are two ways of getting worse giving them words to talk about this call to talk about there is the explicit method and then there is the

00:47:16--> 00:47:25

implicit marshalling versus smart there is the explicit method. And then there is the implicit method. The explicit method is when the man What does he do?

00:47:27--> 00:48:02

He says that I divorce you, okay, or you are divorced, or there is no I do I mean, basically, he uses the word pot out or divorce or whatever language he's saying, he uses that word of divorce. Okay? It doesn't matter. It doesn't matter whether is in front of her, she's in front, it doesn't matter. If he says it. Okay, then the divorce has taken into effect. What if he writes it to her, there's not enough to say he writes it to her, or he doesn't emails it, whatever, it doesn't matter. Any form is referred to as a topic, any form of communication as long as it comes outside of him. And the squatter Still, if he is reasonable, call it if you can't speak right. And he can't write

00:48:03--> 00:48:18

yet he somehow sign language sister that he was divorced, or she has to it takes into effect. Okay. Basically, yes, to express it, but he has to use the word of divorce in whatever language he's talking about Pollak, right divorce.

00:48:19--> 00:48:59

Whatever, what's another word for divorce another language. Basically, he has to use the word of divorce. So this is called an exquisite divorce. In this case, it doesn't matter matter whether he was joking, or serious or angry, or his intentions doesn't matter. If you use that word, then the divorce is sacred. And this shows you the responsibility that Allah has given to men, not to women, and this shows that the men should act the role that use it only when they want to use it. Okay? Unfortunately, we find too many men when they get angry they just put out divorce as if they're throwing candies or something, you know, step further realize this man divorces his wife in three to

00:48:59--> 00:49:38

three times this is three three divorces. Now, this woman is not an orphan he's living with as a convener. He should not use this word in vain. It's a responsibility that Allah has given the men and not the woman and this is why he has given it to men and not to women. Okay, so we stated that if he uses the word diverse, does his intentions matter? If he was just joking or so that was just angry, it just came out and it really needs to divorce? Does it matter? No, because he said an extroverted way of divorce in this category or in this matter of divorce intentions are irrelevant. This is why the person says three things. Whether you're joking or serious, it doesn't matter. Okay.

00:49:38--> 00:49:58

Now the implicit divorce there is the implicit divorce who can give an example of the implicit divorce very good, where you use words that are not explicit in their meaning, okay. Now the scholars have examples, but obviously you cannot give all the examples basically you say something that is unclear, okay. So for example, the scholars have said that

00:50:00--> 00:50:37

A man might say, you are free of me, I am free of you, or you went out a few women, or this is now over between us, or you can now move wherever you want, okay? Or your rope is on your back, meaning this is like an expression, you would have your stuff on your back. So you represent on your back, not in my back. Okay? I mean, they have a whole list of impressions. For example, you say I have no need of you, or you have no need of me or these type of phrases that are vague in their meaning. Okay? They're not, they're imprecise. They're not explicit, obviously. That's why we call it an implicit divorce. In this case, the intention is relevant.

00:50:38--> 00:50:46

In this case, the intention is relevant. So if the man says to his wife, I don't have any need of you. And he intended to diversify. What does this mean?

00:50:47--> 00:51:20

One divorce. If you say in anger, I have learned that he was asked, Did you intend to divorce? And he says, No, no, I just said it in anger, is it it was counted? No. Okay. So this is very important. This is very important that in this type of reading, the intention is take into account. Okay, so if the man intended to reverse and this happened, by the way, there was a case that a few months ago, sister came to me and said, my wife, my husband said to me, go back to your husband's house, I mean, go back to your parents house is over between us. Okay.

00:51:21--> 00:51:44

Is this divorce or not? So basically, it goes back to the intention of the man, did he intend to divorce you by staying what he said, if he did intend to divorce resent, the divorce has taken place, otherwise, no, it has not taken place. So when an input the type of a divorce, the intention does count, whereas the excellent type of divorce the intention, the intention does not count. Okay.

00:51:46--> 00:52:21

locking the woman out of the house. First of all, it is harder for him to do so. Because the process that I'm said, Never leave your wife alone except in her house. You are never allowed to leave your wife in the middle of replace as a punishment for okay in a strange land or is this is how long as the man has fallen short of his duty as a husband, if he does so. So you are not allowed to lock us out of the house or, you know, just leave her in Hawaii in the middle of nowhere or something, this is not allowed. Okay? Even if she has a credit card, it's not allowed. Okay, you have to take care of her devices that you cannot leave her alone except in her house, the only place you can leave in

00:52:21--> 00:52:29

and as a punishment is in her house. In other words, if the man goes out of the house angry, right? And he leaves the wife at home, then he is not sinful.

00:52:31--> 00:52:44

If they're sinful, he is sinful for doing this, but this is not considered divorce. Okay, this is not considered divorce if he does walk out of the house, okay. This is not considered divorce even though he is not being a man or a husband. Okay. Is this is

00:52:47--> 00:52:48

in a way Yes.

00:52:49--> 00:52:56

Okay. Well, you know, when we were talking about losing track of what we're talking about now,

00:52:59--> 00:53:22

okay, implicit and explicit divorces we finished that very simple right? When one another point it is also allowed for a man to put a condition upon the divorce. Okay, what do I mean by condition? There's another chapter another topic we call is conditional divorce, okay, conditional divorce, what is the condition of divorce For example, He will tell the women

00:53:24--> 00:53:27

if you go to so and so's house, then you will be divorced,

00:53:28--> 00:53:45

if I see you talking to so and so, you will be divorced or whatever condition if you eat this food, particular type of food, you will be divorced Okay, with doesn't matter really condition makes sense or not. But the point is, if he puts the divorce on a condition, then whenever that condition is met, what happens?

00:53:46--> 00:54:15

The divorce takes place. So the man tells the wife if you go visit that man, if you see that mother talk to them and you will be divorced, if she goes and does that she's automatically divorced, whether he verses it or not, then he finds out that is one difference, okay. But if that conditional divorce will take into effect when the condition is met. So this is allowed, okay. This is allowed that the man will put the divorce upon a condition that if you do this, then you will be divorced, okay. Now,

00:54:17--> 00:54:47

implicit conditions such as what what it depends on his intention will go it goes back to emphasis can divorce depends on his intention. If he intended divorce, there will be a divorce. Okay, but the point is that the husband also has to be careful, but when they threaten their wives, right, for example, this is the life by the wizard, the husband does have the right to to have a life where to go or not to go, he can tell the wife don't leave my house, you can tell her don't go there or go there. This is part of the husband's duty or right that you have. So if you get angry that she was with a certain sister or certain brother, even which is much worse than he has every right to get

00:54:47--> 00:55:00

angry there. But if the sister is not very good or practicing or even a non Muslim, he gets angry. He tells her if you go visit that limit again. Then you will be divorced. I will divorce you, okay or you will be divorced. Okay. Then he has to be

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

Because if she ever does visit that sister intentionally, you know, that does take place, then what happens the divorce has taken place. So again, I go back to this point over and over again, divorce as a responsibility that allies and trusted menu for a reason that they are intelligent that they are more intelligent than the woman that they can control the desires and the emotions more than women. So therefore, the men have to act up to this role.

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

Okay, so we have to be careful about conditional divorce also. Now, there's a joke here, which I read in the Islamic Joker Islamic books, by the way, where they have just these, you know, jokes and Joseph Hickey nature, where a man wanted to divorce his wife, okay. So she climbed up a ladder to get to the roof of the house. So he told her, if you continue climbing on the ladder, you're going out, you're going to be divorced. So she stopped. Then she started coming down. So he told her, if you continue climbing down the ladder,

00:55:56--> 00:56:33

you're going to be divorced. So now what did she do? She stopped, right. So now he told us, if you stay stationary on the ladder, you will also be divorced. Okay. So she has not left, right. So she thought Emily second, then what did she do? She jumped out of the ladder onto the floor. She jumped, she didn't go down. She didn't go up. And she didn't remain on the ladder. So she jumped out onto the floor. So the man stared at her. And he said Subhan Allah, this was at the time of human magic, is that somehow Allah May Allah give you a long life? Because once in a while people are going to need to come to you for this

00:56:36--> 00:56:36

Don't you get it?

00:56:38--> 00:57:00

She displays such intelligence Okay, that he was more of a thing so gently have is that she displays patience. I was just some had a lovely I love give you a long life, no changes mind apparently, they'll give you a long line because once in America, you're gonna be the city of Medina. Okay, because of our intelligence, just a joke has nothing to do with our Cisco. But the premise conditional divorce does

00:57:01--> 00:57:41

take into place and effect. There's another chapter, another section. Now, briefly, the whole thing is also allowed to give the power of divorce to someone else. He is allowed to give the power of divorce to someone else. And in particular, he is allowed to give it to his wife also. Okay, obviously, if you can give it to someone else, he gave it to his wife. What does this mean? The husband would tell his wife, I give you the option of divorce if you want. So the husband is the one who's handled divorces always the husband, the wife does not have the right of divorce ever, until the husband gives it to her. So the husband will tell the wife, I give you the right of divorce,

00:57:42--> 00:58:09

that you know how to if you want to remain with me, you can relate if you want to reverse that it will count as a divorce. When the husband does this, then it is valid only for that sitting period. For that time when he gives it to her. It's not applicable 10 years later, okay, when he comes to the right of divorce is a little older at that time. But he has the right of thing you have the right of divorce for the rest of our married life. So he has the right to give it to her permanently. But if he doesn't specify a time limit, how long does she have it?

00:58:10--> 00:58:43

for that period when he gives it to her immediately. So when the husband tells his wife, you have the right of divorce, jail automatically, if she says, Well, I choose divorce, then this will count as one divorce. Okay, this will count as one divorce, because the husband has the right because the divorce is in his hand, just like the way the way he is. He can give the wilaya he can give the without with another person, right? We talked about this, right? The way we can say to his brother or his uncle, whatever you be the wedding. Likewise, the man can say to someone else, and also to his wife, the right of divorces with you.

00:58:44--> 00:59:04

Okay, so this also is something that the brothers have to realize that they have the right to do this to someone else. And also spouses, especially to the women, they have the right to give it and if the woman wants to divorce, then she can do so there's another book or there's another incident here. Also from the fifth book, that was not really a joke, but it's not really a joke. It's something that's, you know,

00:59:06--> 00:59:23

a very good story. It's one of the grandchildren the process either sustained or has an effort to that he was married to a certain limit for a long period of time, then certain problems happened between them. Okay. So because it was good nature, he didn't divorce her. He told her, if you want, then you have the right of divorce. So basically, what did he do? He

00:59:24--> 00:59:35

gave the right to her. Okay. Then all of a sudden, he regretted that because he didn't want to remain martyrs. So he did that. And you could see it on his face that he regretted that. So his wife responded to him that

00:59:36--> 00:59:40

you had this right in your hand for 2025 years.

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

And you gave it to me for an hour or two. You should service responsibility when you had this right. For so long. Don't you think that I have more of a right to show this responsibility for such a small period of time? So What is she saying? Stay Stay with him. Okay. So the point of this is that, you know, it's a nice story. I mean, you know,

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

The woman told him when the one presented 100% when he showed the signs of being a bit, you know, anxious that she might divorce me because I've given her this right. She then responded back that you had this right for so long and you took good care of this right? Okay, don't you think that it's more obligatory upon me that I have just read for such a small period of time that I take care of it also. Okay. So she gave it back to the husband The Rite of divorce, okay. But the point is that he is allowed to give the rights to someone else, the right of divorce to someone else.

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

But you before we, before we move on to the next chapter, for that we have to talk about the divorce of the women with whom you have not had intercourse with. Okay, the divorce of the woman with whom you have not had interpreted What do we say Firstly, about what happens when you divorce a woman when you have that entry? What happened to the man?

01:00:53--> 01:00:55

How exactly you have half dinners?

01:00:56--> 01:01:20

You have half the mass, okay. But what However, what is the similar type of divorce and what is the do that type of divorce considering the women with whom you have not entered? You have not had intercourse with you and you married women? Is that you haven't consummated the marriage. You entered reverser? What is the sin the matter of divorce? There is none. There is none because you haven't had intercourse with her. So you can divorce at any time. Okay.

01:01:22--> 01:01:23

Just I want to talk to you about or not

01:01:25--> 01:01:43

once, but the point is, this is a special scenario, that when you marry a woman Delica the contract has been finished, that you have not had intercourse with you have not consummated the marriage. In this case, there is no sooner or later there is no sooner with a divorce. It's just a divorce. Why is the listener with a divorce?

01:01:44--> 01:02:05

Because you never had intercourse with her in the first place. Right? So there is no time period. So you never had intercourse. So if you reverse your employment situation, no big deal. Doesn't matter. Because you're not with her. You're not you know, you haven't been alone with her. You have just a marriage partner has been done. Okay, you haven't had intercourse with it. So you divorced. So there is no similar when it comes to

01:02:06--> 01:02:09

when it comes to home, guys. Interactive. I like it.

01:02:10--> 01:02:26

When it comes to the type of women that you are right, but you have not had intercourse with. Likewise, there is no symbol when it comes to women that don't have periods. Because certain women, they don't have periods and they don't have periods. Okay. post menopausal right.

01:02:28--> 01:02:37

menopause. Yeah. So whenever it is after menopause, there isn't, because there is a time period you can wait for you see what I'm saying? The general rule is that

01:02:38--> 01:02:59

the general rule is that the divorce must take place. Either one she is pregnant. Now can a woman that you haven't tested be pregnant yet? We've opened up can a woman who is not postmenopausal? Because of course not. So then there is you can diversify. She's pregnant, the secondary diversity is in between two menstrual cycle when you have not had intercourse with. Now if you haven't had intercourse with her,

01:03:00--> 01:03:09

and she's still your wife, but you haven't done this this time will not apply. Likewise, once she is past your menstruation cycle, can she have two minutes or seconds in between?

01:03:11--> 01:03:19

Because you have a pure pure time between two menstrual cycles? No, because she doesn't have menstrual mentors in the first place. Am I going too fast? Or is it

01:03:20--> 01:03:46

you understand the post menopausal woman that she has menstrual cycles? No. So how can you divorce her in between two minstrel cycles? Which you haven't tested there? Isn't there for you just divorced at any time? Likewise, the women that you have not entered? Can she ever be pregnant? Or is there any need to check if she told her not know? So therefore you can divorce her at any time. So there is no similar or data divorce when it comes to these two categories of women. This is the point there is no sooner or later divorce.

01:03:50--> 01:04:23

No, there is no waiting period. A woman is pregnant, you divorce it if you want to divorce your divorce. But as soon as you find out that she's pregnant, the waiting period, we're going to talk about tomorrow or Monday. But I'm saying can you divorce when she is playing this? Yes, you can divorce a woman when she is pregnant. This is assuming that type of divorce. It is not to be that type of divorce. We are thinking as soon as it was to purchase training. We think this is a similar type of divorce. Okay, that if you divorce your wife when she is pregnant, then this is a proper way of divorce. If you want to divorce in the waiting period we're gonna come to on Monday inshallah,

01:04:23--> 01:04:27

we're not talking about the waiting period how long it is right now. But we're talking about that right

01:04:28--> 01:04:29

now.

01:04:31--> 01:04:45

Well, another chapter of another section. When does the right when does the man have the right to take his wife back? We said there are two conditions right? When the man has the right to take his wife back after divorce. What are these two conditions?

01:04:48--> 01:04:52

There is a there's a waiting period because waiting period changes. She didn't finish Wait a second what is

01:04:54--> 01:04:59

what is the second condition is the first or second divorce. They have the opposite of that chapter is when the

01:05:00--> 01:05:02

The husbands not have the rights of

01:05:03--> 01:05:29

taking the woman back. Okay, there are four scenarios. When does the husband not have the right even though he did do the divorce or the marriage was ended? The first scenario, or the first situation when the husband does not have the right of taking the woman back, is when the woman pays for his verse, which is called cola. Okay, we're gonna discuss cola on Monday, but just write down cola. In a cooler when the cola has taken place. The man does not have the right to change his mind, even if it is the waiting period.

01:05:30--> 01:05:39

Okay, we're gonna discuss what on Monday, because we've run out of time that inhaler, the husband does not have the right to change his mind. We'll be talking about what I believe the winner.

01:05:41--> 01:06:02

The winner is the 90 reverser, okay? The women ransoms resolved basically is exactly what color is called, that needs to take off to throw away. So the woman throws at her husband by giving him money. She gets rid of her head by giving him money and there has been done this for so in a manner that the husband has the right to change his mind after the color. No, this is the first scenario. The second scenario is

01:06:03--> 01:06:05

before the consummation of the marriage.

01:06:06--> 01:06:12

Before he has touched her before that intercourse, whether he divorces her, in this case, he does not have the right to change his mind.

01:06:14--> 01:06:33

Okay, so a woman and a man they got married but they didn't consummate the marriage. The man divorces the woman. Does he have the right to change his mind now taking their take this woman back as his wife? No, he does not have this right. No as they have to wait. So the way to do it is over and into a new marriage if they want, but he does not have the right to change his mind. Why? Because he had not had intercourse with her.

01:06:34--> 01:06:38

Yeah, there's only one. The phenomenon we're going to talk about that tomorrow. Or Monday.

01:06:40--> 01:06:41

Yeah, they said

01:06:43--> 01:06:50

yes. A new marriage new agreements. numa had a new world the new world even same way but new agreement of the village okay.

01:06:51--> 01:06:55

No, okay. The the waiting period is different. Okay.

01:06:56--> 01:07:17

The waiting period for the women that you divorce but you haven't touched you haven't had intercourse with there isn't a waiting period. Okay, there is no waiting period because you haven't touched her was there waiting for you haven't had intercourse with him. So Allah Allah clearly says no more on that if you divorce women before you touch them, then they have no interest to ever This is verse 49. So Roger voiceprint in verse 49, states that

01:07:18--> 01:07:33

if you divorce women before you touch them, meaning before you have intercourse with them, then there is no edge upon them. No, very good whatsoever. Whether this is where we were jumping into, we're gonna discuss winning periods on Mondays. Okay, because waiting periods varies depending on the type of divorce. The third type of

01:07:35--> 01:08:14

breaking of the marriage in which the man does not have the right to change his mind is such an element. We talked about a moment, right? Obviously, when the mouse is and they can they can demand take the rest back because he was discovered that she's his foster sister. Can he change his mindset? No, it's an annulment of the marriage. The marriage is not a note. So obviously, the man does not have the right to his house to take away but and the phrase time is when he has divorced his wife three times, after he has divorced his wife three times, then he does not have the right to take his wife back. Okay, after he has done his three times, then his chances are over, she must

01:08:14--> 01:08:23

marry another man. Once she married another man. If that marriage grant comes to an end for some reason, then she can marry her first husband, once you notice the first time and how many chances they have now.

01:08:25--> 01:08:29

Three a fresh clean slate now. Okay, she now has three chances or he has three

01:08:30--> 01:08:54

chances for divorce again, very with that we have almost finished divorce. We have a few such as a divorce was we really glossed over it. Because the major aesculapian divorce By the way, the major collapse in divorce, there are two major steps in divorce. The first major one is does the divorce that take place in the administration have effect or not? And we said what is the opinion? Yes, it does. And the second major issue

01:08:55--> 01:09:03

is if you do go against the center, if you do the desired type of divorce, if you do go back to sender, and you combine all three in one,

01:09:04--> 01:09:08

does that three equal three or does a three equal one and what did I say?

01:09:09--> 01:09:21

majority says yes. Minority says no. I say I don't know. Okay, yes. No, I say if you do so you are sinful. This is not the similar way of divorce.

01:09:22--> 01:09:28

This is we don't say in this manner. We say this is not it is not the proper way of divorce. Okay.

01:09:29--> 01:09:57

You are this is why it's important to study it will sort of shift. Okay, the question. The question that the brother asked was that if a law does not allow divorce through divorce at one, then how come it has the effect of three because there's something that's not allowed should not take into effect. This goes back to a very big extra trouble sooner. Okay. Does something that is not allowed have an effect or not? This is the question does something that is allowed have an effect or not. Let me give you an example. is not allowed.

01:09:59--> 01:09:59

While you're thinking

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

On

01:10:03--> 01:10:03

this gang.

01:10:05--> 01:10:36

Is it allowed? No. Okay, a man has intercourse with a woman, Xena. Now we know that a man is not allowed to marry his mother in law, for example, the fact that he has had dinner with a woman, does that make that woman's mother harassing him or not? According to principles and know according to what you just said the no it wouldn't make that woman how often he could marry that woman, even though he had sex with her daughter, right? He could know that women and then diversify as the daughter whatever he wants. Okay.

01:10:37--> 01:10:40

Okay, this is one of the things the majority say that it doesn't count.

01:10:42--> 01:10:55

That even though that was hard for him to do in the first place, it does have an effect. And that is that is that it makes the woman's mother and the woman's daughter cut off when you're getting into circular because Allah says Nika and nica.

01:10:58--> 01:11:00

Harris, Philip, is what I'm saying this is the homeless killer.

01:11:01--> 01:11:32

No, the point is, this is where the homelessness comes. You see, this is the whole point of this crap, does this take into effect or not? Isn't it me and others say that it doesn't, but the majority say it does. We just were exactly what almost said that we will give him what he wants, he wants three is gonna get three. Okay? And also is the same thing. That's the whole point of now. That's when the man came to and did three times he said, You have disobeyed your Lord, you know, you have been sinful, and therefore you will it has been separated from you. Can you? Can you use this condition before a solution is match? Yes, you have the right to change your mind. If you put a

01:11:32--> 01:12:04

condition on the divorce and then you change your mind, then it is as if the divorce did not. You know, you never said that it was in the first place. There are too many questions to answer right away from others. I'm just saying that because of some decision. conagra didn't answer the question. There are too many to answer. If a lady knows by conversion, she converts back Monsieur neither can you just take her back, there is a pillar that if the woman has become non Muslim, like for example, Hindu, automatically the marriage has become but now suppose she returns back to Islam? Do they need a new marriage contract or not? Well, for sure if the waiting period is over, then she should do a

01:12:04--> 01:12:36

new one, the differences within the waiting period if he comes back or not. And it seems as if Allah knows best, he doesn't need a new marriage contract. If she comes back to Islam within the waiting period. If you set a conditional Divorce, Divorce for another reason, then you found out that she broke the condition to divorce during the marriage is this two divorces or one it is two? Because whether the husband knows or not, if you tell, for example, your wife, if you go to this place, you are divorced, when she grows up, she is divorced, whether you find out about it or not. If that condition was still in place, and you didn't change your mind. Now you divorce you again. Then she

01:12:36--> 01:12:46

tells you what you already divorced before. That's to not one. Okay, that's to that one because the condition divorce does take place. You said the similar way to the processing of every divorce.

01:12:47--> 01:12:53

The similar way meaning this is the way that is narrated or outlined in the Sunnah not necessarily the process of divorce. And

01:12:55--> 01:13:05

contrary to popular opinion, the processing of the divorce does the husband have a have to have a valid reason why he divorced his wife, if he divorced his wife the proper way where he still be responsible.

01:13:07--> 01:13:11

responsible to announce to what to what

01:13:12--> 01:13:47

to allow for the divorce. We already mentioned the beginning that in general divorce is something that is discouraged. Okay, so if a man divorces his wife for no reason, this is something that is discouraged. Okay, but it is not how long? It is not how I don't know any item that says it is hard. So he is not sinful. But it is discouraged to divorce your wife for no reason. Okay? If a woman is being beaten by her husband, how can you divorce her or him if she does not have the right to divorce? attend on Monday inshallah you will find out. This is the whole point of if a man gives a condition for divorce, and it doesn't take place. Can you remove that condition? Yes, we already

01:13:47--> 01:14:11

mentioned he can use his right to divorce his condition. If someone was ignorant and divorced three times his wife, and once you're back with there will be enough especially now when there is no Islamic State etc. Who will enforce the divorce or no one knows about it. Can they take it back? Is there a time period? Under the law you mentioned when a man can change his mind to take it back is the only one where they can remarry without a new contract hormones are two different questions. Okay. The first question

01:14:12--> 01:14:49

like I said, you can pick and choose your opinion based upon easiness. So because it was an istilah, right? You have two options either become an island or a student of knowledge and make your own opinion. Right, which is not really very practical. You just choose an island or a student numbers that you trust not based on his or whatever, you know, in fact, the fiberglass You don't even know what his opinion is at the beginning. You choose an island that you trust this island I feel that he has researched the issue thoroughly. What is his opinion follow it, you are not allowed to pick and choose opinions based on easiness. If he chose to do so, Nick brothers scholars, some scholars have

01:14:49--> 01:15:00

allowed music. Some scholars have allowed marriage, some scholars have allowed some types of fornication. Some scholars have allowed some type of interest. If you were to combine all of these things, then you'd be drinking

01:15:00--> 01:15:31

dancing and having looked on, you know, taking interest in it, you can become a foster the scholars theory that a man who follows the opinions of the scholars becomes the fastest. The man who hunts and shops with the easy fatwas, he becomes the faster, you're not allowed to shop for photos. So you follow the one item that you trust or feel is the best and you move on with your life or unless you become a student in August. Now, only before that you mentioned if a man cannot change is the only number one read they may be married without a new contract. What is number one? The four conditions that I mentioned?

01:15:33--> 01:15:35

What is number one? I didn't remember.

01:15:37--> 01:15:42

Guys, I mentioned things where the man does not have the right to take the West back. What is number one?

01:15:44--> 01:15:45

Also this question was

01:15:47--> 01:16:21

can they not? Can they? Is this the only one where they may not be married with a new contract? No, we're going to talk about that type. In the next lesson Monday, I will do the full I will talk about Monday inshallah. If I understand correctly, even pronouncing one or two divorces, and as soon as it is enough, the couples actually divorce they only have the option to remarry. Yes, of course they have the option to be married. It doesn't mean that they have to remarry. They have the option of getting married if they want to not be the husband. Because the husband has the right to change his mind during the waiting period. Once the waiting period is over, then they must both agree to the

01:16:21--> 01:16:22

marriage.

01:16:23--> 01:16:35

During the waiting period, if the husband says no, I don't want you back as a husband doesn't matter. Allah clearly says in the Quran, that the husbands have the right to take their wives back during the waiting period.

01:16:36--> 01:16:37

Yes,

01:16:38--> 01:16:53

that's the whole point. So during the waiting period, the husband has the right after the benefit is over. Now the wife if they want to be married, the wife Mr. Greek, the rally and the narrative every single student, okay. This is to ask On what basis you say that

01:16:55--> 01:17:24

women are less intelligent than men is the authentic body that the processing said that the woman are not gonna talk a lot. I mean, within that women have less than half as intelligent or less intelligent than men, and also less religious than this is not authentic. It isn't all over the map understood it the way that it should be understood on a typical face value, except in our times these modern day. People have understood differently but otherwise it's something that all of them have agreed upon. If the husband does not pray, drinks gallery, etc. and the wife divorced her husband

01:17:25--> 01:17:28

and the last divorce your husband we're gonna talk about this on Monday the cola yes