2. Manhaj Al-Salikeen Lesson 25 Part 1

بسم الله الرحمن الرحيم، الحمد لله، الحمد لله رب العالمين، والصلاة والسلام على سيد المنسلين، وعلى آله وصحبه أجمعين، اللهم انصر لنا ولشيخنا ولوالدينا ولسائر المسلمين يقول المؤله رحمه الله تعالى باب الخلع وهو في راق زوجته بعواد منها أو من غيرها، الحمد لله رب العالمين والصلاة والسلام على رسول الله، وعلى آله وصحبه أجمعين أما بعد، السلام عليكم ورحمة الله وبركاته نبدأ بكتاب منهج السالكين بإمامة سعدي رحمه الله تعالى وننتهي من كتاب النكاح وبعد ذكر كتاب النكاح، يقول رحمه الله تعالى باب الخلع كتاب الخلع والكتاب رحمه الله تعالى هو من خلق الخلع بقول وهو في راق زوجته بعواد منها أو من غيرها إنه للشخص أن يقفز من زوجته بعواد منها بحصول على شيء منها أو من غيرها للشخص أن يقفز من زوجته بعواد من زوجته بحصول على شيء منها أو من غيرها هذا هو كتاب الخلع وهذا الكتاب ومسألة الخلع هي نعمة من الله باركة من الله تعالى على خلقه وعلى الرغم من ذلك باركة من الله تعالى على النساء من المرسلين والنساء المرسلين من الله تعالى عندما يتزوج شخص ويأتي اثنين من الناس الله تعالى قرر أنه إن كانوا لا يستطيعون أن يعيشوا معًا فالرجل يستطيع أن يتزوجها يستطيع أن يتزوج زوجته إذا لم يستطعوا أن يعيشوا معًا ومن ثم أعطاه ولم يجعله يتزوج من خلال علمه المتأكد سبحانه وتعالى في يدي زوجته لأنها مختلفة جداً في طريقة تفاعلها مقارنة بالنساء وحتى العلم المستقبلي يثبت هذا لأن المرأة على سبيل المثال ستتفاعل أكثر شعوراً من المرأة وربما بسبب مرات مختلفة في العام قد تقول أشياء محددة التي يمكنها أن تنسى أكثر بسهولة من المرأة لذلك الله تعالى لم يضع الزواج في يدي المرأة وضع الزواج في يدي الرجل ولكن من رحمته سبحانه وتعالى كأنه خالق السماوات والأرض وكل شيء يوجد فهو يعلم أنه قد يكون هناك حالات التي تحتاج المرأة لتقفز من رجل ولكن الرجل لا يرغب في إطلاق الزواج لذلك لكي يحفظ حقها الله سبحانه وتعالى لقد دعوت المرأة تبحث عن التقفز من الرجل وهذا ما نعرفه كالخلق حيث تبحث المرأة عن التقفز من الرجل ستطلب الرجل تقفزاً ويمكنه أن يقول حسناً سأقفز بالتأكيد أنك تعطيني المهر هذا ما نعرفه كالخلق أو أنك تعطيني جزء من المهر هذا ما نعرفه كالخلق أو على سبيل المثال الأب يقول انظر يمكنك التقفز من ابنتي ابنتي ليس لها أي شيء لتعطيها ولكن سأعطيك شيئاً وهذا ما نعرفه كالخلق أو الزوجة قد تقول هذا لزوجها وزوجها تقفز وتقول لا لن أقفز لذلك إذا كانت زوجها تقفزاً تذهب إلى القاضي الإسلامي وتحضر حالتها للقاضي والقاضي ينظر إلى حالتها ويقول انظر لديك تقفزاً للخلق سأعطيك التقفز على سبيل المثال أعطيهم المهر أو بعض جزء من المهر حتى يصلوا إلى تفاوض القاضي حتى في هذه الحالة إذا كان زوجها تقفز والقاضي يؤمن القاضي يؤمن بأن هناك تقفزاً لتقفز سيقفز بينهم والقاضي يقفز وينتهي هذا هو الرحمة من الله على زوجات المرأة أن زوجه هو الذي يمتلك الزواج ويمكنه الزواج وإطلاق الزواج والمرأة يمكنها أن تطلب الخلق وهناك حالات وحادثات تتعلق بذلك التي سوف تذكرها الآثار في هذه القصة فقال رحمه الله باب الخلق قصة التقفز وقال وَهُوَ فِرَاقُ زَوْجَتِهِ بِعِوَضٍ مِّنْهَا أَوْ مِّنْ غَيْرِهَا إنه للرجل أن يتقفز من زوجته إما بإعطاء شيئاً لها كما ذكرنا في المثال أو بإعطاء شيئاً لشخص آخر كما ذكرنا في المثال لأبها أو لأحد أخواتها إعطاء شيئاً لهم ويقولون هذا هو التقفز هذا ما نعطيه لكم والتقفز بعد ذلك إما أن يتفق به أو إذا لم يتفق إذا لم يتفق فإن القاضي سيتفق به وستصبح تقفزاً نعم وَالْأَصْلُ فِيهِ قَوْلُهُ تَعَالَىٰ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَى حُدُودَ اللَّهِ فَلَا جُنَاهَا عَلَيْهِمَا فِي مَفْتَدَتْ بِهِ قال وَالْأَصْلُ فِيهِ قَوْلُهُ تَعَالَىٰ والأساس لهذا الأساس للخلع حكومة الخلع خلع هو صفة الله سبحانه وتعالى فَإِنْ خِفْتُمْ أَلَّا يُقِيمَى حُدُودَ اللَّهِ إذا كانوا يخافوا أنهم لن يستطيعوا تحديد حدود الله سبحانه وتعالى الحدود التي وضعتها فَلَا جُنَاهَا عَلَيْهِمَا فِي مَفْتَدَتْ بِهِ فلا يوجد خطأ عليهم إذا كانت تريد أن تعطي شيئاً إذا كانت تريد أن تعطي شيئاً لتنهي هذه المرحلة فالله سبحانه وتعالى قد تحدث عن حدود الخلع في القرآن إذا كانوا يخافوا أنهم لن يستطيعوا تحديد حدود الله سبحانه وتعالى ويمكننا أن نجد هذا في الحديث من عبد الله بن عباس رضي الله عنهما في الصحير إمام البخاري إذا جاءت امرأة ثابت بن قيس بن شماس زوجة ثابت بن قيس بن شماس جاءت إلى النبي صلى الله عليه وسلم إلى النبي صلى الله عليه وسلم فقالت وقالت يا رسول الله يا رسول الله ما أنقم على ثابت في دين ولا خلق إلا أني أخاف الكفر قالت يا رسول الله أنا لا أشعر بالكفر بشأن ثابت رضي الله عنه بشأن دينه وبشأن طبقه إلا أنني أخاف الكفر عن نفسي ليس الكفر عن المؤمنين الكفر أنني لن أستطيع أن أكون شجاعة للمباراة التي لديها يعني أنها ليست مهتمة له لذلك لا يهم ما يعطيها لن أستطيع أن أعطيه نفسي لأنني لست مهتمة له لذلك تذكر هذا للنبي صلى الله عليه وسلم لذلك النبي صلى الله عليه وسلم قال لثابت رضي الله عنه وقال لها فتردين عليه حديقة هل ستعيد حديقته على نفسه لذلك أثبت أن المهر لها كان مهراً وعلى بعض العلماء استخدموه كوثيعة لإظهار المستقبل في إعطاء مهراً كبيراً لأنه أعطى مهراً لها كمهر وقال لها هل ستعيد المهر على نفسها وقالت فقالت نعم وأمره ففارغتها لذلك عادت المهر إلى نفسه وقام النبي صلى الله عليه وسلم بإعطائه بطريقاتها لذلك هذا يظهر أن الخلع موجود في كتاب الله جل وعلا وموجود في سنة النبي صلى الله عليه وسلم وعلماء موافقة أن الخلع هو شيء الذي موجود في الشريعة من الله سبحانه وتعالى فإذا كرهت المرأة لخلق زوجها أو خلقه وخافت أن لا تقيم حقوقه الواجبة بإقامتها معه فلا بأس أن تبذل له عوضا ليفارقها فقال فإذا كرهت المرأة خلق زوجها إذا كرهت المرأة خلق زوجها إذا كرهت المرأة خلق زوجها إذا كرهت المرأة خلق زوجها إذا كرهت المرأة خلق زوجها إذا كرهت المرأة خلق زوجها إذا كرهت المرأة خلق زوجها إذا كرهت المرأة خلق زوجها إذا كرهت المرأة خلق زوجها إذا كرهت المرأة خلق زوجها إذا كرهت المرأة خلق زوجها إذا كرهت المرأة خلق زوجها إذا كرهت المرأة خلق زوجها إذا كرهت المرأة خلق زوجها إذا كرهت المرأة خلق زوجها إذا كرهت المرأة خلق زوجها إذا كرهت المرأة خلق زوجها إذا كرهت المرأة خلق زوجها إذا كرهت المرأة فلا بأس أن تبدل له عوضا ليفارقها فلا بأس أن تبدل له عوضا ليفارقها فلا بأس أن تبدل له عوضا ليفارقها فلا بأس أن تبدل له عوضا ليفارقها إذا كرهت المرأة خلق زوجها إذا كرهت المرأة خلق زوجها إذا كرهت المرأة خلق زوجها إذا كرهت المرأة خلق زوجها إذا كرهت المرأة خلق زوجها إذا كرهت المرأة خلق زوجها إذا كرهت المرأة خلق زوجها إذا كرهت المرأة إذا كرهت المرأة إذا كرهت المرأة إذا كرهت المرأة إذا كرهت المرأة إذا كرهت المرأة إذا كرهت المرأة إذا كرهت المرأة إذا كرهت المرأة إذا كرهت المرأة إذا كرهت المرأة إذا كرهت المرأة إذا كرهت المرأة إذا كرهت المرأة إذا كرهت المرأة إذا كرهت المرأة إذا كرهت المرأة إذا كرهت المرأة إذا كرهت المرأة ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه ويصح في كل قليل وكثير ممن يصح طلاقه فإن كان لغير خوف ألا تقيم حدود الله فإن كان لغير خوف ألا تقيم حدود الله فإن كان لغير خوف ألا تقيم حدود الله فإن كان لغير خوف ألا تقيم حدود الله فإن كان لغير خوف ألا تقيم حدود الله فإن كان لغير خوف ألا تقيم حدود الله فإن كان لغير خوف ألا تقيم حدود الله فإن كان لغير خوف ألا تقيم حدود الله فإن كان لغير خوف ألا تقيم حدود الله فإن كان لغير خوف ألا تقيم حدود الله فقد ورد فيه الحديث فقد ورد فيه الحديث فقد ورد فيه الحديث فقد ورد فيه الحديث فقد ورد فيه الحديث فقد ورد فيه الحديث فقد ورد فيه الحديث فقد ورد فيه الحديث فقد ورد فيه الحديث فقد ورد فيه الحديث فقد ورد فيه الحديث فقد ورد فيه الحديث فقد ورد فيه الحديث فقد ورد فيه الحديث فقد ورد فيه الحديث فقد ورد فيه الحديث فقد ورد فيه الحديث فقد ورد فيه الحديث غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس غير ما بأس As Allah Subh'anaHu Wa Ta-A'la mentioned in the Quran someone from his family comes and someone from her family comes then the final stage could be to ask for separation or to issue a divorce but the general stances we should try our best to make it work and there has to be some compromise and there has to be some struggle as been mentioned in Kitab and Nikah as we went through and then the final stage could be a Khulah or the final stage could be a divorce and again we'll speak about these Messa'id in more detail Insha'Allah Ta-A'la Kitab At-Talaq وَالْأَصْلُ فِيهِ قَوْلُهُ تَعَالَى يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقَتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا الْعِدَّةِ The author Rahimahullah Ta-A'la then began a new chapter he said Kitab At-Talaq the chapter of At-Talaq the chapter of At-Talaq and At-Talaq in the Arabic language means to let something go to let something go and the Shari'ah definition the Shari'ah definition of At-Talaq الحَلُّ قَيْدٍ مِكَاحٍ أَوْ بَعْضِهِ is for a person to release the clauses of marriage or the bonds of marriage or part of it to completely release the bonds of marriage or part of it and what is meant by this is if a person wants to divorce his wife three times he has completely released the bond of marriage and if he has divorced her once or twice he has released part of the bond of marriage meaning he has to take her back so this is the Shari'ah definition of At-Talaq At-Talaq which is divorce is prescribed in the Kitab of Allah subhanahu wa ta'ala and the Sunnah of the Messenger sallallahu alayhi wa sallam and has been agreed by the scholars of Islam by consensus, by ijma' that it is something which is legislated in the religion of Allah subhanahu wa ta'ala what is the ruling of At-Talaq? is it disliked by Allah subhanahu wa ta'ala? as many of us have heard أَبْغَدُ الْحَلَالِ إِلَى اللَّهِ سُبْحَانَهُ وَتَعَالَى At-Talaq the most hated thing which is permissible is At-Talaq and the Hadith is ضعيف the Hadith is weak we say that the most hated of the permissible acts of Islam is At-Talaq is divorce with a weak Hadith so what is the ruling of At-Talaq? it depends on the marriage sometimes it might be haram for a person to do At-Talaq because by doing there is no valid reason Islamically to do At-Talaq and by him divorcing his wife he may fall into haram after this and she may fall into haram so in this case At-Talaq could become haram it may even be obligatory to issue At-Talaq if one party for example is preventing the other one from establishing the religion or praying the salah and they are forcing them into disbelief or haram then At-Talaq could even become obligatory so At-Talaq takes the five rulings in the Sharia just like marriage takes the five rulings in the Sharia it could be obligatory it could be recommended it could be permissible it could be disliked and it could be haram At-Talaq as you ulema have mentioned when Allah subhanahu wa ta'ala legislates anything in his Sharia he legislates it through his perfect knowledge and wisdom subhanahu wa ta'ala and you ulema they said that At-Talaq is a blessing from Allah subhanahu wa ta'ala to the Ummah of Muhammad sallallahu alaihi wa sallam if Allah subhanahu wa ta'ala did not legislate At-Talaq it means when two people are married they could never separate and if the marriage did not go well for them they will be stuck with their spouse until they pass away so Allah subhanahu wa ta'ala has given them At-Talaq that Allah jalla wa a'la has allowed them to part ways if they need to so this is a mercy from Allah subhanahu wa ta'ala and a blessing from Allah jalla wa a'la and At-Talaq is also an act of Ibadah it's an act of worship and that's why Allah subhanahu wa ta'ala has legislated strict rules that a person must follow if they want to issue a divorce a person cannot just issue a divorce whenever they want because there are types of At-Talaq which are haram and there are types of At-Talaq which will not be valid in the Sharia of Allah subhanahu wa ta'ala so At-Talaq has certain rules and there is a fiqh, a rule, rules that we have behind the At-Talaq in order for the At-Talaq to be permissible and also in order for the At-Talaq to be valid and counted in Islam so this is what the authors of fiqh they mention in their books the rulings of At-Talaq when is it permissible for someone to issue At-Talaq? when is it permissible for someone to? when is it haram for someone to issue At-Talaq? can you divorce your wife whenever you want? no you can't but there are rulings that must be observed if a person wants to issue At-Talaq also when it comes to the rulings of At-Talaq the rulings of At-Talaq the ulama said these are from the most sensitive rulings in the Sharia of Allah subhanahu wa ta'ala these are from the most sensitive rulings from the Sharia of Allah jalla wa ala and there is a hadith of the Prophet sallallahu alayhi wa sallam where he says there are three things it's seriousness is serious and joking with it is also serious it's seriousness is serious and joking with it is also serious meaning we are not allowed to joke and in some narrations marriage, divorce, and taking one's spouse back and in some narrations marriage, divorce, and freeing a slave now this hadith is weak but Imam At-Tirmidhi said rahimahu allahu ta'ala these scholars have unanimously agreed that we act upon this hadith so the hadith in terms of its chain is weak but Imam At-Tirmidhi said rahimahu allahu ta'ala the ulama, all of the scholars they acted upon the narration so a person does not joke about marriage he does not joke about divorce he does not joke about taking his spouse back he does not joke about freeing a slave so the master says to his slave as a joke you are freed and then he says I am joking now the slave is freed it's seriousness is serious and joking right is also serious if a man says to his wife as a joke you are divorced she is divorced if a man says to his wife you are divorced as a joke she is divorced and this is the view of all of the madahib of Islam in the four schools of thought and other than them a man is not allowed to joke with this so these rulings that we speak about when it comes to talaq are extremely severe and sensitive rulings in the shariah of Allah subhanahu wa ta'ala it is not permissible for a man to joke like this why? because you are dealing with the emotions of a person imagine a man saying to his wife you are divorced everything changes for her if she is divorced he is no longer going to after her iddah comes to an end, her waiting period comes to an end, he is not going to spend a night he is not going to provide her with shelter and clothing and food and take care of her and maybe she has children so all of this will cross her mind to say it is a joke it is not permissible in the shariah of Allah subhanahu wa ta'ala and the talaq would be valid and it would count for every man has to be extremely careful when it comes to the rulings of talaq if a woman said to her husband you are divorced does it count? no because talaq is in the hands of the man not the hands of the woman if a man says to a non-married woman you are divorced no he doesn't possess anything when it comes to a non-married woman or a woman that he is not married to when it comes to his own wife it is extremely sensitive and it counts and it is valid so this word, take it out of your vocabulary especially in times of anger because some people would say but the Prophet sallallahu alayhi wa sallam said there is no talaq for the one who is angry so then they are angry and they give him talaq and say I was angry I gave the talaq so it doesn't count is he supposed to smile and give the talaq? is anyone going to smile and give the talaq? no so what is meant by the hadith that the talaq is not valid by the one who is angry the one who is angry that he resembles the state of intoxication he resembles the state of intoxication so when you ask him you make talaq he said no I never gave talaq because he was intoxicated with the anger he was so angry he was unable to control his tongue and his mind wasn't focused on what he was saying this talaq is not valid and the vast majority of the talaq which is issued is not from this category it's not from this category because if you ask the person later on did you give talaq? he said yes I gave talaq he knew what he was saying yes he was losing control over himself why? because he didn't bring himself to control he didn't bring his nerves to control so this is an act of ibadah ibadah it has rulings and a person must abide by the rules of the sharia and also what we find from the legislation of talaq is how Allah subhana wa ta'ala trains the Muslim man to be responsible for his actions to be responsible for his actions and to be cautious when uttering any words or making any actions carrying out any actions Allah jalla wa ala wants the Muslim to have control over his body over his limbs, over his tongue it's not when the shaytan whispers something into your mind you just say what you want a Muslim has to be very careful out of anger yes you can swear and you can do whatever you want but you will be held accountable in front of Allah subhana wa ta'ala out of anger you can give divorce but then you have lost your wife and you have issued a divorce so the matter is extremely sensitive and no one should take this matter lightly and you find so many cases a man said I was joking with my wife for years that you are divorced and now I am taking you back to your divorce she is divorced, she is not your wife anymore so these matters are very sensitive one of the mashayikh he mentioned to us he said there was a man he came to a shaykh and he said to the shaykh and the shaykh was there witnessing this he went to the shaykh and he said shaykh I have a number of children and I love my wife a lot but I had a little argument with her and I gave her her third divorce I gave her her third and final divorce is there anything that you can do for me the shaykh said finished she is not your wife anymore that's the end of it but I love her, it doesn't matter if you love her I have children with her, it doesn't matter if you have children with her you issued the third divorce it's finished you cannot go back together with your wife again unless the matter that we spoke about previously but without the muhallil the muhallil who legalises this is still invalid we will speak about this more later on but these matters should not be taken lightly and when we encourage that yes young people should get married it doesn't mean you should just get married without knowing the rulings of divorce knowing the rulings of divorce is extremely important so you understand the severity of divorce you are not someone who just issues divorce to your wife and then you will regret it and she will regret it or she is upset and you are regretting your action and it's the end of it you can't get back together with your wife and your children are left without their father being present in their life because you issued the divorce without thinking twice so it's very important that we have control over our tongues and we have control over our actions like the hadith of Abdullah ibn Mas'ud or the hadith of Mu'adh the Prophet s.a.w. said if you can guarantee me that you will control that which is between your mouth and between your legs, your private parts then Jannah will be guaranteed for you to control that which is between our mouth, our tongue and control the private parts and Jannah will be ours so it shows that the Sharia wants us to be able to have control over our limbs and our bodies Allah s.w.t has given us this ability he has given us this freedom that we are allowed to we are able to do what we want, we are not allowed to but we are able to do what we want and then he will hold us to account for it subhanahu wa ta'ala so the author r.a in this chapter he will speak about divorce the rulings pertaining to divorce when it is halal, when it is haram and the different rulings that stem from this so this is a rule that Allah has ordered that women should be divorced it is agreed upon and in another narration it is mentioned that they should be brought back and then divorced purely or pregnant and this is a proof that it is not permissible for him to divorce her while she is pregnant or in a pure way or in a pure way except if her pregnancy is clear so the author r.a has written the book of divorce the book of divorce it is and the basis for this ruling is the statement of Allah subhanahu wa ta'ala O Prophet if you divorce women that divorce them according to their iddah according to their prescribed times and calculate the period carefully and he subhanahu wa ta'ala mentions divorce in the Quran or many ayahs where Allah subhanahu wa ta'ala he speaks about the talaq and we spoke about this previously when Allah subhanahu wa ta'ala speaks about his own rights in the Quran he doesn't really elaborate that much or when he speaks about the rights between the creation he elaborates a lot and the wisdom as the ulema mention regarding this is wide because Allah subhanahu wa ta'ala is the most merciful, you ask him for forgiveness he will forgive you and the people are not merciful, you ask them for forgiveness they may not forgive you so Allah subhanahu wa ta'ala elaborates on their rights even more in the Quran the longest ayah in the Quran is the ayah of Dain about the rights of wealth between people when he speaks about talaq he elaborates over ayahs and ayahs and ayahs but in the Quran he subhanahu wa ta'ala did not mention the percentage of zakah in the Quran he subhanahu wa ta'ala did not mention the actions of salah how to perform salah from beginning to end his own rights subhanahu wa ta'ala to show us how important this is he elaborated on it subhanahu wa ta'ala so he mentions ayat of talaq and then the author said when Allah jalla wa ala said you will divorce them according to their prescribed times the author said and this has been explained through the hadith of Abdullah ibn Umar radiallahu anhuma and the hadith al mutafakun alayh which is in al bukhari al muslim he said Ibn Umar radiallahu anhuma he divorced his wife while she was on her menses and as we will come to see divorcing your wife when she is on her menses is haram is haram by the consensus of the scholars so Ibn Umar radiallahu anhuma he divorced his wife while she was on her menses and then he mentioned this to Umar radiallahu anhu and Umar radiallahu anhu became angry and he went to the prophet sallallahu alayhi wasallam to ask the prophet sallallahu alayhi wasallam about what his son Ibn Umar needs to do and the prophet sallallahu alayhi wasallam was also angry because he did something which was haram you are not allowed to divorce your wife when she is on her menses so he said he asked the prophet sallallahu alayhi wasallam about this so the prophet sallallahu alayhi wasallam said so he can take his wife back command him to take his wife back then he can leave his wife meaning he doesn't do anything to her he doesn't make divorce, he doesn't issue a divorce or anything until she completes her menses then she will have another menstrual cycle then she will become pure again so what did the prophet sallallahu alayhi wasallam say to him tell Ibn Umar take your wife back let her complete her menses she will go into a state of purity let her wait for another menstrual cycle let her complete that menstrual cycle so she is in the state of purity again it's a waiting period it's not just you want divorce when you want to divorce there is a waiting period before he can divorce then if he wants he can keep hold of her and not divorce her he can divorce her and if he wants he can divorce her before having marital relations with her if he wants to keep her he can keep her but if he wants to divorce her he can divorce her with the condition he does not have marital relations with her this is the period how Allah jalla wa'ala tried for a person to divorce women and again I will go through the narration so you can understand it clearly in another narration he said command him so he can take her back then he can divorce her while she is pure or she is pregnant while she is pure or she is pregnant the author rahimahullah after mentioning his evidences he said and this is an evidence this is an evidence to show it is not permissible for a man to divorce his wife when she is on her menses this is agreed upon by all of the ulema of Islam it is haram for a man to divorce his wife when she is on her menses it is also prohibited for a man to divorce his wife when she is pure if he has already approached her what does this mean? a woman is on her menstrual cycle is a man allowed to divorce her when she is on her menses? no this is haram bin ijma' it is not permissible for a man to divorce his wife when she is pure if he has already approached her it is haram bin ijma' haram by the consensus of the scholars she has completed her cycle this man has not had marriage relations with her after she has completed the cycle he is allowed to divorce her now so he is allowed to divorce her when she is pure and in that purity between the two cycles he has not had marriage relations but if he has had marriage relations with her in that purity it is haram for him to divorce her so let's say for example the first of Muharram the Islamic month Muharram his wife has completed her cycle and after she has completed her cycle and she has had her ghusl he has had marriage relations with her the fifth of Muharram comes he wants to divorce her is he allowed to divorce her? the tenth of Muharram has come is he allowed to divorce her? it is haram to divorce her she begins her cycle say on the 25th of Muharram all the way until the 25th of Muharram it is haram for him to divorce her why? because he had marriage relations with her in that purity 25th of Muharram she begins her menses is he allowed to divorce her? it is haram, why? because he is not allowed to divorce her when she is on her menses her menses finishes on the first of Safar the second month of the Islamic calendar she has completed her menses is he allowed to divorce her now? yes he approaches her as soon as she has completed her menses and had marriage relations he is no longer allowed to divorce her for the entire purity and then the entire menses until the next purity comes is this clear? so when is the man allowed to divorce his wife? he is not allowed to divorce his wife when she is on her menstrual cycle the ulama are in agreement over this there is no difference of opinion he is not allowed to divorce her in a purity where he has had marriage relations with her the ulama have all agreed on this and there is no difference of opinion amongst the ulama when can he divorce her? he said he is allowed to divorce her in a purity that he has not had marriage relations this is number one and he is also allowed to divorce her in a purity if she is pregnant and her pregnancy is known it is visible, it is known he is allowed to divorce her if she is pregnant and he is allowed to divorce her in a purity that he has not had marriage relations with her write these masail down and remember them there is another masail from which madhab? hands up if you know Maliki a giant of the Maliki madhab Ibn Abdul Barra he has a kitab tamheed, a kitab istidkar he is a giant of the madhab of Ibn Malik he quotes a consensus all the scholars have agreed the scholars have unanimously agreed that the talaq, the divorce which is permissible when the scholars speak about these rulings is regarding the woman who the marriage had been consummated with is regarding the woman who the marriage had been consummated with as for the woman who the marriage has not been consummated with there is no sunnah or bid'ah with her marriage all of the talaq is permissible which means if a woman is on her menses and the marriage has not been consummated is he allowed to divorce her? yes or no? yes so this is very important if a woman is not the marriage has not been consummated then you are allowed to divorce her whenever you want but if the marriage has been consummated then you can only divorce her in a purity that you have not had marital relations which is number one or number two when she is pregnant so to break this down again to make sure we understand this because these are the first mas'al of talaq we have to understand this and everything is built from this the permissible talaq is called talaq sunni it's according to the sunnah and the impermissible talaq is it called talaq shia? no it's talaq bid'ah so the permissible talaq is sunni and the impermissible talaq is called talaq bid'ah the innovative talaq the prophet s.a.w. said every bid'ah is dalalah or in the other riwayah every bid'ah is in the fire so talaq sunni is the one which is prescribed and talaq bid'ah is the talaq which is not prescribed what is a talaq sunni? a talaq sunni number one is in a purity that you have not approached therein that you have not had marital relations in and some of the ulama they added another clause to this because of the hadith of abdullah ibn umar that doesn't follow a person having to take his wife back because of a talaq bid'ah what did he do? he divorced his wife on the menses so the prophet s.a.w. didn't take her back then she completed a menses did he say if you want to divorce her in that purity you can divorce her? no he said wait for the next menses to finish so some of the scholars said if he did a talaq which was bid'ah and then he took her back then he cannot divorce her in that purity he has to wait for the next purity so the first talaq sunni is what? is for a talaq on the sunnah is if a person can divorce his wife in a purity that he has not had marital relations with her in and then in brackets you can write and he did not follow a talaq which was bid'ah in her menses the second type of sunnah talaq is what? a man divorcing his wife while she is pregnant a man divorcing his wife while she is pregnant this is permissible by ijma' by consensus a man can divorce his wife while she is pregnant the pregnancy has become clear and here we are not speaking about the number of talaq because there is a sunnah and a bid'ah also for the number of talaq we are speaking about the time of talaq we are not speaking about the number of talaq we are speaking about the time of talaq so if we know what the talaq which is sunnah the talaq sunni is then the talaq bid'ah what is it? the first type of talaq bid'ah is for a man to divorce a woman on her menses that he has consummated the marriage with a man to divorce a woman on her menses that he has consummated the marriage with this is talaq bid'ah the scholars also added to this the nufasa the woman on her post natal bleeding this is classed as talaq bid'ah the woman on her post natal bleeding this is classed as talaq bid'ah and number three a woman who is on her purity but you have approached her and you have had relations with her this is also talaq bid'ah unless and you can put in brackets unless her pregnancy has become clear then it is no longer talaqun bid'ah it is talaqun sunni it is clear inshallah the difference between talaqun sunni and talaqun bid'ah when it comes to the time of talaq when it comes to the time of talaq so this shows us a man cannot divorce his wife when he wants to if he has approached his spouse then he cannot divorce her in that purity he has to wait for her cycle and then the purity after the cycle and then he can divorce her if he wishes before having relations with her and subhanallah some of the ulama said the wisdom behind this is firstly it gives the man some time to think about it he is not going to be rash in his judgement he is not going to be hasty in giving divorce he has to think about it, he can ponder also some of the ulama have mentioned the wisdom that after his wife is on her menstrual cycle what happens it increases his desire for her because he couldn't approach her so when her menstrual cycle comes to an end he could think I could divorce her or I could approach her and because the desires have increased for him to approach her there is a chance he could approach her and this could maybe bring them back together again and remove all of the whispers of the shaytan so if he approaches her because the desires were high because he couldn't approach her for the whole period of the cycle then he cannot divorce her again until he goes through the whole procedure of another menstrual cycle so it brings them together it gives them time to think and it gives him time to think and ponder how it would be when he cannot exercise his desire with her because he got to taste it when she was on her menstrual cycle so does he want to continue like this after the cycle or not so it gives the man time to think and it gives him time to reconcile and it gives him time to actually think about even the future what it will be like because he is not going to be rash in his judgement so these are from some of the wisdom that the ulama they mentioned behind the ruling of talaq and Allah Jalla wa A'la he legislated everything through his perfect knowledge and through his perfect wisdom subhanahu wa ta'ala so the first message that we have taken is the time for talaq and insha'Allah ta'ala this has been understood by everyone the second mas'ala that the author is mentioning is the phrase of talaq what type of phrase counts as a valid divorce what words count as a valid divorce in the sharia and the author rahimahullah as the fuqaha have done have categorized this into two categories so you can say the phrases of talaq are categorized into two categories you have the phrases which are sareef explicit the phrases which are explicit like a man saying to his wife I divorce you could that mean anything other than divorce no it is explicit or you have the phrases which are known as the kinaya elusive implicit they are not clear if a man says to his wife go to your mother's house does this mean divorce or not it could mean divorce or it may not mean divorce so the first category which is sareef which is explicit only has one meaning and it is clear and the second category which is the kinaya it could mean divorce it may not mean divorce these are the two categories each category has its rulings again these are the foundations of the chapter of talaq is very important for us to understand all of this and that is why we are taking it slowly the author said rahimahullah wa yaqa' talaqu bi kulli lafdin dalla alayhi min and talaq is valid from every wording that alludes to it from and he mentions the categories category number one sareef that which is explicit how did he define the category which is explicit la yufhamu minhu siwat talaq you cannot understand from this category anything other than talaq you cannot understand from this category anything other than talaq if a man says to his wife you are divorced can you understand anything other than it no this marriage between me and you has ended can you understand anything other than it no its clear, you are now halal to marry someone else can you understand anything other than talaq from this, no its explicit if its explicit he said rahimahullah or he didn't mention anything if the word is explicit it counts as a talaq that is the first category which is sareef and then he gives an example like a man saying talaq and any of the words that can come out of this any word that comes from this in the Arabic language or the English language or any other language where it is explicit that this word means a clear divorce and anything that is similar to it so it doesn't just have to be the word talaq any word which is explicit and clear which indicates the man has divorced his wife and nothing else could be understood from this it counts as a talaq this is category number one the category which is sareef from the wordings we said how many categories are there two the third is sareef, that which is explicit it can only hold one meaning which is the meaning of divorce it can not hold any other meaning if this is uttered it means the divorce has taken place the second category is the kinaya the second category what is this which is? alluding to talaq, that which is implicit this category, it counts as a divorce when? when does it count as a divorce? if he intended divorce by it do we know what he intended? it is between him and Allah if he intended talaq by it or the side supporting evidences they point towards this there are indications that suggest this let's say a man he has an argument with his wife he says go to your mother's house is this from the first category or the second category? second category, there is a chance he intended by this go to your house and never come back to me and there is a chance he meant by this I don't want to see you right now it could be any of this so does this count as a talaq or not? we say to the man, what did you intend by this? he says I intended divorce by it it counts as a divorce even though he didn't say any word of divorce he said go to your mother's house it is from the second category he says I intended divorce by it it counts as a divorce if he says I didn't intend divorce by this what I intended was I wanted some time alone I don't want to see you for a few days this does not count as a divorce the first category he says to his wife, you are divorced he says I wasn't really intending divorce I was just scaring her does it mean anything other than divorce? no, it counts as a divorce irrespective of what you intended you intended the words correct me? correct? no one put these words in your mouth you intended to say these words it counts as a divorce so therefore these are the two categories the category which is Salish it can only mean one thing the category from the Kinaya it can only mean more than one thing the first category doesn't require the intention of divorce the second category requires the intention of divorce or maybe there is a particular wording, or not wording like he says there are indications there is a Karina maybe he takes the marriage contract in front of her and he rips it, he says it is over it is over, it could mean many things but tearing the contract what does that mean? there is no marriage between me and you some of the Qadi could look at this and say this is clear it is implicit but he has given an indication to us that he intended there is no more marriage and this will go back to the if there is a dispute between the husband and the wife I am not sure if it is valid or not the Qadi, the judge's statement is final the Islamic judge, his statement is final so these are the two categories and the divorce occurs on a condition or on a condition on a condition or on a condition as he says when the time comes you are a divorcee so when was the condition on which the divorce occurred and the divorce occurs on a condition or on a condition now he is speaking about another now he is speaking about another but you can categorize this so it becomes easier for you to revise and recall the ruling the first ruling that we took was the time of talaq the second ruling that we took was the words of talaq the third ruling that we are taking is the talaq based on a condition or not a talaq based on a condition so he said there are two types of talaq in this category one is a talaq that happens immediately like a person saying to his wife you are divorced he didn't put any condition to this this talaq it comes immediately the second is a talaq based on a condition if you leave the house so she leaves the house she is divorced when the month of Ramadan begins you are divorced he attached the talaq to a condition when the condition takes place the divorce takes place if there is no condition the divorce takes place immediately if there is a condition the talaq takes place when the condition takes place so he said like his statement if such and such time comes you are divorced if we reach midnight tonight you are divorced if the new month begins you are divorced when that time comes the divorce takes place the condition that he mentioned for the talaq to take place on the condition takes place it occurs the divorce occurs it takes place there is a difference of opinion amongst the ulama they agree regarding the condition whoever makes a condition for divorce if the condition is met the divorce is valid but there is a mas'ala which was mentioned by some of the scholars and this was stated by Sheikh of Islam Ibn Taymiyyah if someone mentions talaq as a condition as a threat and a warning to put fear into the heart of the spouse to prevent her from a particular action then this does not count as a talaq with a condition so for example a man wants to prevent his wife from doing something if you do such and such you are divorced so he made this condition but the reason why he said this was not to divorce her it was to prevent her from doing this if she was to do this then she is divorced but what he can do is he can give a katharah he can give an expiation for breaking an oath and that would be sufficient for this he just said it to prevent her and then he can give the expiation for the oath and we will speak about this more later on and this is counted as an oath and not counted as a talaq upon a condition and again if there are disputes amongst the husband and wife regarding this the qadi has the final say the qadi could follow this view or he could follow that view the qadi's judgment is final but the author rahimahullah mentioned the talaq with a condition and the talaq without a condition without a condition is valid immediately with a condition when the condition occurs, takes place the talaq takes place the order of the talaq is al-ba'in and al-raji' and the husband has three talaqs and when it is done it is not permissible for him to marry another wife with a valid marriage and he obeys to what Allah said the talaq twice and it is not permissible for you to take from what you have given them except that he fears that he will not establish the limits of Allah and if you fear that he will not establish the limits of Allah, then there is no sin upon them in what they have given those are the limits of Allah, so do not exceed them, and whoever exceeds the limits of Allah, then those are the wrongdoers and if he divorces her then it is not permissible for him to marry another wife and if he divorces her, then there is no sin upon them to return if they think that they have not established the limits of Allah and those are the limits of Allah which He makes clear to the people who know and everything I say, try and write down summarize it and write it down you have the talaq which is da'il and the talaq which is raj'ee so we have two types of talaq da'il means to separate and raj'ee means to return so we have a type of divorce that separates the spouses where the husband cannot take the wife back a type of divorce that separates between spouses where the husband cannot take the spouse back, this is known as the da'il the talaqun da'il you separate it between the husband and wife, the husband cannot take the wife back this is da'il then you have a type of divorce where the husband divorces the wife and she is in an iddah period a waiting period that he can take her back in, this is known as talaqun raj'ee talaqun raj'ee from raj'aa to return so we have two types of talaq we have the talaqun da'il and the talaqun raj'ee pay attention talaqun da'il and talaqun raj'ee before we go through the kitab I just want to try and simplify this as much as I can so we understand a man possesses three divorces and this is by the consensus of the scholars of Islam a man possesses three divorces when a man divorces his wife the first time his wife enters a period called the iddah when a man divorces his wife the first time, he says I have divorced you she has entered a period called the iddah the iddah generally lasts three menstrual cycles and we don't want to speak about the other types of iddah yet so a man has divorced his wife she enters an iddah period this iddah period is three menstrual cycles she has menstrual cycles or it could be other things which we will speak about later during this period of three menstrual cycles because he has only issued one divorce she is still his wife she still lives with him he still takes care of her he spends on her he is still his wife during this iddah period he is allowed to take her back he says I have taken you back like the Prophet said to Ibn Umar command him to take her back he is allowed to take her back so because he can take her back in this period the first divorce he issued is it called the talaq ba'in or talaqun raj'ee it is called raj'ee so he has taken her back so the man who divorced her is in her waiting period her iddah and he has taken her back so he has three divorces three divorces one divorce has already been used maybe they have gotten into an argument a year later he says I divorce you so she enters her iddah period he says how many divorces have been issued two so this is called talaqun raj'ee so this iddah period he is still allowed to take her back this talaq is called talaqun raj'ee this iddah period she is in he is allowed to take her back he takes her back for a second time how many talaqs does he have left with her one something happens down the line he divorces her for the third time she enters her iddah period he has now issued three divorces is he allowed to take her back no she is a ba'ina she is separated from him she cannot come back to him this third talaq was talaqun ba'in was the third talaq that separated between the husband and the wife is this clear so I am going to follow up with other things that you have to pay attention if this is not clear nothing will be clear so this is that she is a talaqun or she is a ba'ina she is someone who is separated from her husband is he allowed to take her back no can he make a new marriage contract to take her back no the only way for her to ever return back to her husband is for her to legitimately marry another man and for them to go into divorce after consummating the marriage and for her iddah to finish then he can ask her has she gone to this mas'ala yet she is a ba'ina now this the fact that she can't get back to him this is called baynuna baynuna is a separation she cannot get back to him there are two types of baynuna right we are going off here there are two types of baynuna where she is separated from him one is called baynuna the small baynuna and the other is the major baynuna the major separation the small separation and the major separation we have the small separation and the major separation everyone with me so far okay a man divorces his wife for the first time she is in her iddah her waiting period can he take her back yes he chooses not to take her back she completes her iddah and now she is separated from him she is a ba'ina was she a ba'ina from three divorces or less less so she is a ba'ina baynuna with the small separation what is the difference between the baynuna and the kubra her husband or ex-husband who divorced her and her waiting period has come to an end he says to himself I want to get back together with her if he said during the waiting period I have taken you back she doesn't have a say because she is still his wife he just said my wife I will divorce you but you are still here I have taken you back the iddah has finished and it is less than three divorces it is either one divorce or three divorces this is known as baynuna sughra if he wants to get back together with his wife again is he allowed to yes but what does he have to go through all of the conditions of marriage again he needs her consent he needs her guardian, her wali's consent, he needs to give her a dowry again, he needs witnesses all of the conditions that we have taken in the book of nikah apply to him again but this is the baynuna sughra because there was a separation and the iddah had come to an end she has become a foreign woman to him but he is allowed to remarry her but he has to go through all of the conditions of marriage she is also allowed to marry someone else but she can say I don't want to marry you, I want to marry someone else but this is the baynuna sughra so if he took her back in the iddah period, there is no consent from her or the wali or a dowry or anything at all, he has just taken her back if the iddah has finished after the first divorce or the second divorce baynuna baynuna baynuna the small baynuna if he wants to get back together with her he has to go through the procedure of marriage again and she can refuse and she can marry someone else not she can't marry someone else because she is on her iddah if after the first divorce he took her back, the second divorce he took her back the third divorce has taken place she is now baynuna sughra the major separation the major separation means he cannot take her back even with a marriage contract she is free to marry anyone else except for him and he cannot take her back but if she was divorced and her husband consummated the marriage and then he divorced her without pre-planning as we said the muhallal is the one who plans this then he marries someone else just so he can divorce me so I can go back to my husband again the curse of Allah is upon everyone involved in this and the marriage is not valid so she still cannot go back to her first husband here we have taken a few different masail, rulings the first is the difference between talaqun bayn and talaqun raj'i the divorce of bayn and the divorce of he can take her back we have taken the masal of the iddah what an iddah is, what happens during the iddah period so the iddah after the first divorce and the second divorce she is still his wife during the iddah period the iddah after the third divorce she is no longer his wife anymore she must cover up immediately he can take her back after the first during the first iddah and the second iddah he can't take her back in the third iddah the third iddah is if the first iddah comes to an end and he hasn't taken her back, what is she? da'ina baynuna sugra because he can take her back with a new marriage contract so she can also marry someone else if she wants to after the second iddah he could take her back with a new contract but she is also free to marry someone else after the third iddah, the third divorce she can marry anyone else except for him so we understand the difference between whether she is a raj'ia or she is a da'ina she is a raj'ia while she is waiting on her iddah period waiting for him to take her back if the iddah has come to an end or it was a third divorce she is a da'ina she may be a da'ina baynuna sugra if it is after the first iddah or the second iddah or she may be da'ina baynuna kubra if it is after the third iddah this is the summary of the masail of the iddah raj'ia and the iddah da'ina is this clear? Insha'Allah this is clear for everyone ok, we go to the kitab the author said, rahimahullah wayamlikul hurru thalata thalqat a free man what's the opposite of a free man? a slave so the author says, a free man possesses three divorces a free man possesses how many divorces? three he says if these three divorces have been used and they are completed she will not be permissible for him until she marries another man this masail I want to spend a little bit of time on this these three divorces the scholars of Islam the scholars of Islam have unanimously agreed there is a sunnah way of doing this and a bid'ah way of doing this everyone agrees all of the madahib and all of the scholars of Islam that thalaqun sunni is to give one divorce at a time and to give two divorces or three divorces in one sitting is bid'ah and haram all of the scholars agree on this to give two divorces or three divorces in one sitting they all agree this is haram and bid'ah however they disagree amongst themselves if he did a divorce which was bid'ah is the divorce valid or not? this is what they differ on so everyone agrees if a man says to his wife I have divorced you three times or I have divorced you, I have divorced you, I have divorced you or you are divorced three times they all agree it is haram for him to do this all of them but the fact is he has done it when he had given three divorces in one sitting does it count as three divorces so she becomes or does it count as one divorce so she is a raja'iya that he can take her back this is the khilaf amongst the ulama of Islam is this clear? so what was the ruling at the time of the prophet salallahu alayhi wa sallam Abdullah ibn Abbas in the hadith in Sahih Muslim he said three talaqs was counted as one talaq during the life of the prophet salallahu alayhi wa sallam and during the life of Abu Bakr and during the first two years of the khilafah of Umar ibn Khattab during the first two years of the khilafah of Umar r.a and the scholars all agree on this and then Umar r.a he made an ijtihad he issued a verdict and when he issued a verdict the fahaba agreed on his verdict so this is what the ulama did do we go by the verdict that Umar r.a issued that the fahaba agreed upon or do we go about that which was legislated by the prophet salallahu alayhi wa sallam by the permission of Allah subhanahu wa ta'ala you understand the masalah there is not a simple saying this or that Ibn Abbas he said in Sahih Muslim as I said talaq at the time of the prophet salallahu alayhi wa sallam three talaqs was one then at the time of Abu Bakr three talaqs was one then at the first two years of the khilafah of Umar three talaqs was one then there was a problem with the people they started to play around with the talaq the man would say to his wife if he married someone else oh I divorced her three times and then he intended but this is only one and then he went to her no but I divorced her three times it was one divorce and one divorce and they started to play around with talaq Umar radiallahu anhu said these are the sha'air of the deen of Allah subhanahu wa ta'ala these are the hudud, tilka hududullah fala ta'asaduha, these are the boundaries of Allah jalla wa ala don't cross these boundaries if you are making mockery of this religion it will become hard upon you so anyone that gives talaq three times from today I will drool and say the talaq counts as three because they were playing with the talaq and when he did this the sahaba didn't oppose him and they agreed to this so the four schools of thought the four madahib they said if anyone issues three talaq in one sitting we will go by the ijtihad of Umar radiallahu anhu so three talaq will count as three the four schools of thought the Hanafis, the Malikis, the Shafi'is and the Hanbalis they said three talaq counts as three and the second view amongst the sahaba and amongst the tabi'in and amongst even some of the major scholars of all of the madahib they said three counts as one unless the reason why Umar made three is present that three counts as one unless the reason that Umar radiallahu anhu made it three is present that someone doesn't know the ruling he says I divorce you, I divorce you, I divorce you we say it counts as one if he is doing this to play around with the sharia we say it counts as three and this was the view favoured by Sheikh Hussein ibn Taymiyyah rahimahullah ta'ala and when we look at the objectives of talaq, why did Allah subhanahu wa ta'ala give the man three talaq so he can have time to think about it when he is angry, he will divorce so he has time to think about it if all of his lives have gone through one anger the purpose of having three different divorces is no longer there so we can see that from the objectives of the sharia that Allah subhanahu wa ta'ala wants to give the person time we say what seems correct and Allah subhanahu wa ta'ala knows best is what we found that was legislated by the prophet and what was judged upon by Abu Bakr that three counts as one however if we find someone playing around with the talaq and not giving, treating it in the way it should be treated then we would say, the judge would say three talaqs here in this case counts as three and that's why you find many of the judges today when someone takes a talaq case I gave talaq to my wife three times the first thing they asked is, did you know the ruling to this ok yes you did, but why did you do this why did you do this I wanted to harm her, I wanted to make her feel like she's divorced you're playing around with the talaq and judge it as three and Qadi's judgment is final or another person I didn't know, I thought this is how you issue talaq it counts as one and what we find which is shocking today is some of the masajid if you go and you ask, I want to issue a divorce they will give you a divorce paper and on the divorce paper it says I divorced my wife three times he doesn't even give her the option and then after he divorces she's finished this goes against you're promoting talaq which everyone agrees is prohibited this is a problem and if we stuck to the sunnah of the Prophet and we stayed away from that which was prohibited we wouldn't even get into this discussion because a man would only issue one divorce so the talaq sunni by agreement is one divorce more than one divorce in one sitting is haram and the scholars differ, is it valid or is it not valid the majority of the scholars said it is counted as three and the minority of the scholars say it is counted as one and looking at the view of the Prophet and Abu Bakr and the first two years of Umar we said this was what was legislated by Allah and the legislation from Allah is for eternity and the ijtihad of Umar is based on whether the criteria is met at the time or not and this is similar to what the scholars have mentioned regarding the adhan of Uthman radiallahu anhu how many adhans was there for Jum'ah at the time of the Prophet? one how many adhans was there for Jum'ah at the time of Abu Bakr? one at the time of Umar? one then at the time of Uthman radiallahu anhu the the ummah began to spread and when they called the adhan for Jum'ah in the masjid those in the market were far from the masjid they couldn't hear the adhan so they would miss the salah or they would come late to the salah they never had watches at that time so Uthman radiallahu anhu he sent a man to the market to make an adhan and this would be known as the first adhan for Jum'ah this would tell them the adhan for Jum'ah is about to come so go get ready for Jum'ah they would get ready they would come to the masjid and then they would hear the second adhan for Jum'ah so he made this ijtihad and the sahaba did not differ with him they agreed to the ijtihad of Uthman and the qa'dah says al-hukum yaduru ma'a illatihi wujudan wa adama the ruling revolves around its reason when the reason is present or absent so we say if there is a need to call two adhans for Jum'ah because the people can't hear it we establish the ruling of Uthman if there isn't a reason to call two adhans we establish the ruling at the time of the Prophet shallallahu alaihi wasallam Abu Bakr and Umar so the same way for the talaq if there is a reason to count one as three then we count it like Umar radiallahu anhu we establish the ruling if the reason is not there we go back to the general and original ruling of the Prophet shallallahu alaihi wasallam that was followed also by Abu Bakr and all of the sahaba at that time and all of the sahaba at that time and to the Ijtihad of Umar radiallahu anhu and the Prophet shallallahu alaihi wasallam said that follow my sunnah and the sunnah of the rightly guided khulafa after me so when a khalifa of the Prophet shallallahu alaihi wasallam said something and the sahaba agreed it becomes part of a tradition of al-Islam so we look at the reasons why it was legislated and then we implement it based on that reason is this clear? and also when it comes to desires a person is not allowed to exercise his desire in this ruling it is shariah of Allah jalla wa ala there is no such thing as desires at the time I was if I hold the view of the ulama that three divorces count as one and one person he rang me he called me once on my phone and he asked he said there is a divorce that has taken place a man has given three divorces to his wife what is the ruling for this? I said to him what madhhab does he follow? he said he is a follower of the Hanafi madhhab so I say why do you ask me this? you know I am not going to give you a view according to the Hanafi madhhab I will give you a view according to that which I believe so he said because we know that you said three counts as one so I said ok then after me asking a few questions this person is a graduate of the dar ulum and he studied seven years everyone in his family they are muftis so why did you come to me? you have come because you are looking for a fatwa that suits you I said I cannot give you a fatwa on this he said but we he has a wife he has children he has this he has this so go to a Hanafi sheikh and ask a Hanafi about this because the only reason you have come to me is for what? so you can change your madhhab on that one particular ruling some people subhanallah they throw the entire madhhab away and he goes and says I am no longer Hanafina I am this I am this why? because you want to save your marriage this is not how the shariah of Allah jalla wa ala works the religion is not based on our desires the religion is based on the kitab of Allah jalla wa ala and the sunnah of the prophet oh but in the kitab and sunnah it makes more sense to me now it makes sense to you for your whole life it didn't make sense to you this is following the desire and the deen of Allah subhanahu wa ta'ala is not just picking and choosing what coincides with your desires it is following that which the prophet sallallahu alaihi wa sallam said and that which you find in the kitab and the sunnah so when a person is studying the religion and that is why it is very important not to just give answers out to people and especially in this stage when we are studying you don't answer these questions especially when it comes to marriage especially when it comes to divorce they are very sensitive matters you don't want to give a fatwa to someone that because of your fatwa he is committing zina because his marriage is finished and you have given him something that you have said his marriage is not finished so he is with his wife it is like they are committing zina because of your fatwa you can't put yourself in that position where you where you take the seriousness away the severity away from these messiahs these messiahs anyone that goes through a situation like this direct them to a shariah court let them go to a shariah council or shariah court and discuss their messiahs there and many of our ulema they do not even deal with rulings pertaining to nikah and talaq like one of the mashayikh of the haram he is actually Sheikh Salih's teacher for the blind sheikh he passed away a few years ago when someone asked him in class about a matter of divorce imagine the sheikh all he does is he teaches in the haram and he is blind so everything is from memory and he finishes then over two years and he starts again and he finishes over two years and he starts again and this is his same program he has been doing it for years and years and years in the haram a man came up to me and said sheikh I have a ruling for divorce I need a ruling for divorce the sheikh said I am a student of knowledge only the ulema can deal with this he said I am a student of knowledge only the ulema can deal with this he is not ashamed to say this he is not he is an alim he is an alim but he is saying we don't deal with these messiahs you want to deal with these messiahs you go to the right channels and you go to the right people even our sheikh, sheikh Muhammad Mukhtar al-Shankiti an alim and they asked the sheikh about a matter of divorce and the sheikh said in the class he said this is for the qudat this is for the judges he said I would never deal with a ruling of divorce it is a very sensitive matter the judgement that you give affects the entire family not even the entire family the extended family the children, the grandchildren, everyone in the family and that will come in the family later on will be affected by the ruling that you give but these are not messiahs that we just we deal lightly with but these are rulings that we have to be very careful when we issue or we speak about these messiahs so anything that comes to nikah or talaq or it comes to even inheritance as some of you ulema have mentioned you have to be very careful before speaking about these rulings send them to the shari'i courts it is a long procedure it is an important messiah it is a long procedure go and line up go and queue up it is a shari'i ruling and some people they want an answer there and then you can't always get an answer there and then when the prophet s.a.w. was asked about a messiah and he never had an answer he would wait he would wait until revelation from Allah jalla wa'ala would come down sometimes the revelation will come down straight away sometimes like the story of the isk of Aisha r.a. the revelation came after a long period of time after a month a long period of time you can't always get answers straight away it is very important for us to understand this that sometimes we ask a question the qadi might not tell me in time or it is a procedure that you must follow so we should never be hasty and when we are going through these rulings we are not going through these rulings to be able to issue verdicts we are going through these rulings especially in this initial stage to understand what is haram what is haram what is the shari'a of Allah jalla wa'ala and what is required from us in the shari'a of Allah s.w.t so the author said wa yamlikul hurru salasa talqat a free person, a free man he possesses three divorces fa idha tammat lam tahilla lahu hatta tanfiha zawjan ghayrahu binikaahin sakhihin wa yapa'aha okay the author said fa idha tammat if he has completed the three divorces he is giving one divorce and then he gives another divorce and then he gives another divorce he has completed the three divorces what does she become? baynoonatun kubra the major separation lam tahilla lahu she is no longer halal for him hatta until a procedure happens you can number this in shahada until number one hatta tanfiha zawjan ghayrahu number one until she marries another man this is number one until she marries another man number two binikaahin sakhih in a marriage which is valid so the nikah of the muhallil that we have taken is that a valid nikah? no when you say another man, a third person can you please marry this woman consummate the marriage, then divorce her then she can return her back to her husband this is the nikah of the muhallil and this is not valid so this is not a valid nikah so even if a woman did this, she is not lawful for her first husband so this is condition number two it has to be a valid nikah condition number three wa yata'aha they have consummated the marriage they have consummated the marriage not like the wife of risa'a al-quradi, remember the hadith? that my husband has the edge of a sword remember the hadith remember the hadith this is the third condition wa yata'aha he consummates the marriage with this woman he mentioned these three, the fourth condition wa yufariquha he separates from his wife his new husband he separates from his wife there is separation between him and the wife number five wa tanqawee iddatuha that her iddah comes to an end he didn't take her back so if the second husband married her and he issued one divorce and her iddah came to an end this is da'ina daynoona for the new husband yes? can he marry her again? yes he still has two chances but if he wants to marry her her wali's consent the mahr, the darid, the witnesses all of the conditions of marriage but at this point while she is da'ina for the second husband she is now allowed to marry the first husband again yes? so this is what is meant her iddah has come to an end so she could be daynoona after the third divorce or she could be daynoona after the first or second divorce but when she becomes da'ina she can marry her first husband again this is what the author has mentioned rahimahullah he said if the three divorces have been completed lam tahilla lahoo she is no longer halal for him until number one until she marries someone else number two number three and he consummates the marriage number four and he separates from her number five the waiting period has come to an end li qawlihi ta'ala because of the statement of Allah subhanahu wa ta'ala at talaqu marratan the divorces, there are two divorces and to his statement fa in tallaqaha fa la tahillu lahoo min ba'du hatta tankiha zawjan ghayra and if he divorces her, meaning the third divorce then she is not halal for him anymore until she marries someone else and these conditions are fulfilled we okay with these masayih so far? okay, insha'Allah we will continue you want a break or should we continue? hands up for a break I will ask you ten times to put your hands up today, no break khayr now the author rahimahullah he then said the talaq becomes a talaqun ba'in a talaq that separates between the two where they cannot immediately come back together in four different cases when he says the talaq becomes the talaq of separation he may be in some cases he is referring to baynoonatun kubra and in some cases he is referring to baynoonatun sughra so it could be any of the two there are four cases that the talaq becomes the talaq of separation where the husband cannot immediately take the wife back the first he said that this is the first case where he has divorced her for the third time the case number one if the husband has divorced the wife three times he becomes a ba'ina which baynoona is this? kubra, the major separation and not sughra, the minor separation the second case he said if he divorces her before consummating the marriage or before going into seclusion with her what happened now? a man divorces we haven't taken the example of iddah have we? a man divorces his wife before going into seclusion washa iddah? did we take this? no? did we? no? some are saying yes some are saying no so if a man divorces his wife before going into seclusion there is no iddah so let's just assume they got the marriage contract done and he went home and he said what have I done? and he hasn't gone into seclusion with her so I divorce you there is no iddah she separated immediately there is no iddah we did it regarding the mahr if he said you have a 10,000 pound mahr what was the answer? he received half the mahr because he mentioned the mahr if he didn't mention the mahr to her what did she have? she received the mut'ah she received the mut'ah the gift many people got this wrong in the exam many people got this wrong in the exam and if he divorced her after consummating the marriage and he didn't mention the mahr what did she get? mahr ul mitl a customary dowry and if he mentioned 10,000 pounds she gets? 10,000 pounds if she died before consummating the marriage she gets full in all cases so it's either mahr ul mitl she gets a customary dowry or she gets the 10,000 pounds many people got this wrong in the exam many people got this wrong in the exam and there was something else that was for the newcomers which I take note many people got this wrong in the exam and the other mas'ala that many people got wrong hajj the hajj that people are going to perform this is hajj al shia hajj al shia many people got hajj wrong hajj was all over the place and I think most people when they lost marks because there were bonus marks in hajj only a few people got the bonus marks but hajj, how to do hajj from beginning to end I think the vast majority of the students got this wrong and mas'al pertaining to fidget and other all sorts were happening in the exam and there was a mushkila there and nikah, mashallah most people got it right and what else was in the exam abu yu' was all over the place abu yu' had an inshallah I will maybe look at the exam later so this is the second time if anyone divorces before consummating the marriage this is taraqun da'in which baynoona is this? sughra this is baynoona in sughra there is one divorce he wants to get back together, he has to have a nikah because there is no iddah so it is not a raji' immediately if he is divorced, she is divorced there is no iddah for her so she becomes bayna baynoona sughra and he mentions the ayah if you marry, believe in women and then you divorce them before you come into contact with them there is no iddah and they are free to marry someone else this baynoona is baynoona sughra so a man can still marry her for the second time he can still marry her third time then he said number three if a man marries a woman in a nikah which is fasid a nikah which is incorrect a nikah which is incorrect they are going to be separated or he is divorced her the nikah is incorrect he cannot take her back because the initial nikah was not correct in the first place so how could she have an iddah raji'ya an iddah where he takes her back when the initial contract was invalid so for example he never mentioned this but as a part of the example that they give a woman marries without a wali the nikah is invalid as the prophet s.a.w. said if a woman marries without a wali the nikah is batil the nikah is invalid so he divorced her you need to separate between you two whether you divorce her or the qadi separates or anything the nikah is invalid so therefore she is a da'ina she has to marry her to bring her to be together with her or for example he married he is married to his wife and then he marries her sister nikah is valid or invalid invalid or he marries her paternal auntie married or invalid so he marries single one these are the only two paternal auntie he marries her paternal auntie this nikah is valid or not do we class it as zina no, he didn't know the hukm this nikah is shubha before Taha says something Taha was thinking, Taha is the mushkil of these mas'al so in this mas'ala we say that he marries his wife he doesn't know the hukm, he marries her auntie as well this nikah is shubha so the children will be attributed to them but really the marriage is not valid if you look at it from the aspect that the marriage is not valid, it is zina but he married her thinking the marriage is valid so it is not zina it is nikah, shubha the qadi says look, how can you do this he says ok she is divorced he didn't need to divorce her, the qadi would just say she is separated the fact that he is separated with her can he take her back no but this sugra has conditions to it there is a preventer also of marriage that he is married to a niece if he divorced her then he can marry her that comes to an end so this is the third example he has given and if the marriage is separated based on something that is given he is speaking about khula when a woman goes into khula with her husband this is not an idda rajia she becomes and there is a khilaf in this mas'ala and what seems to be correct and Allah SWT knows best is that she becomes and it does not count as a taraq it does not count as a taraq and her idda is one month one month to cycle so she just has to clear her womb to verify she is not pregnant and again we come to this mas'ala in its appropriate time so just so you understand this mas'ala what is meant here a man is married to a woman, he is divorced her two times and now he has taken her back then they have a problem and she asks for khula a separation so the khula is granted to her if this man was to divorce her at that time what would happen she would become but she didn't divorce her it was khula so they separated between her and her husband her idda here is just to clear her womb to verify the womb is clear one month to cycle when she has completed the cycle maybe a year later she hasn't married anyone else and her previous husband said I would like to marry you again she agrees, her wali agrees he has given the dowry the witnesses are there can he marry her? Yes because he divorced twice he didn't divorce three times so it doesn't count as a divorce according to that which is correct and Allah knows best this is what is meant over here in this case if the separation was because of a khula then in this case he cannot take her back he has to go through the procedure again of marriage so these are the four cases where a woman becomes ba'ina the first case was she becomes ba'ina baynoonatun kubra the other three cases is that she becomes ba'ina baynoonatun sughra there are other cases that the author hasn't mentioned he has mentioned these four another case that comes to mind is the mas'al of li'an anyone know the mas'al of li'an? we might even go through the mas'al of li'an today so the mas'al of li'an which we will come to today after the break when a man accuses his wife of zina and then they go through a procedure to avoid the punishment this is the procedure of li'an in surat an-nur which we will go through insha'Allah in its appropriate time if the procedure of li'an takes place she becomes she is not just ba'ina baynoonatun kubra she is never allowed to go to this man ever again even if she married ten people between him and the time she wants to marry him again she is never allowed to return to him ever again and this is a complete separation abadi complete separation forever but we will come to this insha'Allah maybe he didn't mention it here because it is more than baynoonatun kubra no he said rahimahullah wa ma siwa dhalik and anything other than this in the four that he has mentioned wa huwa talaqun raj'iyun it will be classed as talaqun raj'i yamlikul zawju raj'ata zawjatihi ma damat fil iddab where the husband he possesses the ability, the choice to take his wife back as long as she is in the iddah that is the condition as long as she is still within the iddah and as long as it is only the first or second talaq then he can take her back and as the ulama they have mentioned the raj'iya as the fahaba they gave the dhalik the raj'iya is as long as she has not had the ghusl for completing her menses as long as she has not had the ghusl for completing her menses what does this mean? she has completed three cycles and then she has had the ghusl or completing the cycle he cannot take her back but if she hasn't had the ghusl then he can still take her back if she never has ghusl after this then she is going to miss her salah she will become kafir so the ghusl is that the point which determines whether he can take her back or not after the third talaq and there is a khilaf among this the fahaba and also how does he take her back? I am not sure if it comes in this kitab because this kitab is quite brief it might come but I will mention how does he take her back? he says I have taken her back it can be in front of witnesses or not it can be to her or to other than her if he says I have taken her back it means he has taken her back and the recommendation is to say this in front of witnesses so there is no room for dispute which action leads to him taking her back? some of the scholars said to approach the spouse is an indication he has taken her back and what seems more correct and Allah knows best is approaching the spouse with the intention to take her back and each of the four madaib have their own view in this masalah to approach the spouse with the intention to take her back it means he has taken her back Imam Abu Hanifa has mentioned in this view is a person not just approaching the spouse but anything that leads to that the action that the person usually does with his wife that leads to marital relations if he does this it is a sign that he has taken her back according to the view of Abu Hanifa a man he kissed his wife and she is on her iddah he has taken her back if he has touched her in a way that could lead to marital relations it means he has taken her back because he said rahimahullah he has divorced her so for him to touch her like this is an indication that he has taken her back for this we say he has taken her back and that is the view of Imam Abu Hanifa the view of Imam Malik is that only the marital relations itself with the intention is the clear indication that he has taken her back why did he say this rahimahullah he said because she is still his wife so he may still be tempted by her but does not want to continue the marriage so the fact that he approached her a man could even approach a woman in haram so the fact that a man approaches a woman in haram is that an indication that he wants to do nikah with her it is not an indication so she is his wife so he may be tempted by her but he may not want to keep her so the intention is the fine line between whether he has taken her back or not and the action by itself is not sufficient so that was the view of Imam Malik rahimahullahu ta'ala the third view is the view of Ashafi rahimahullah is that no action can take her back he has to be explicit with the statement so no action can take her back he has to be explicit with the statement because every action has a possibility it could mean something else and that was the view of Ashafi rahimahullah and the view of the Hanabilah the fourth view is that marital relations take the wife back with or without an intention but not anything other than it it is different from the the first two views that marital relations and all of them have their reasoning the evidence is not clear so when the evidence is not clear for these Masa'ikh Allah Jalla wa'ala has left this chapter open so then the Ulama have their reasoning you can see what all of their reasoning are a man could be tempted by his wife but that temptation doesn't mean that he wants her back but if he was to actually approach her it shows you that he wants her back so the Hanabilah said this is what differs between the others and again the Ulama they differ on these Masa'ikh so he says anything other than the four he mentioned this is the talaq of taking the wife back taking the wife back a man he possesses the ability to take his wife back as long as she is still in her iddah because of the statement of Allah and the husbands have no right to take them back if they want to amend their problems another scholar said if he wants to take his wife back to cause her harm it does not count and this goes between him and Allah and the Qadi may be able to pass a judgement because Allah Jalla wa'ala said the man has more right to take her back if he wants to reconcile و الرجعية حكمها حكم الزوجات إلا في وجوب القسم و الرجعية حكمها حكم الزوجات إلا في وجوب القسم and as for the رجعية the woman who is still on her iddah of the first or second divorce he can still take her back she still takes the ruling of being his wife in everything except for Al-Qasim except for being equal equal with the knights so for example he still has to spend on her food and her drink and her shelter and her clothing he still has to take care of her he is still allowed to travel with her he is still a mahram to her he is still allowed to sit with her be in seclusion with her all of this he still has to give her as for the knights when he divides them he does not have to give her her share of the knights because in this case she is on the iddah where he has divorced her and that's what the ulema had said does the marriage relations count as taking her back or not no والمشروع إعلان النكاح والطلاق والرجع والإشهاد على ذلك لقوله تعالى وأشهد ذوي عدل منكم والمشروع and that which is prescribed إعلان النكاح والطلاق والرجع for a man to announce the nikah and the divorce and then the رجع when he takes them back why because this eliminates any room for confusion if a man for example has married someone in secret and then he passed away and she comes to claim the inheritance what's going to happen there is going to be a dispute there is going to be a problem and if a man divorces someone and then he passes away and he didn't tell anyone and then passed away and we can verify who passed away before who how do we come to see who inherits from who in this case and if there is any inheritance or a man says I have taken her back and then he passed away or she says no I am free to marry someone else now and he didn't make it clear to her so that's why Allah said والإشهاد على ذلك وأشهد ذوي عدل منكم a two trustworthy witnesses amongst you as a recommendation and not an obligation it's recommended for a person to have it's obligatory in the Nikah to have two witnesses in the condition from Nikah and it's recommended for the Talaq and the Raj'ah it's recommended for the two witnesses in Talaq and the two witnesses when a man wants to take his wife back وفي الحديث ثلاث جدهن جد وهزلهن جد النكاح والطلاق والرجعة رواه الأربعة إلا النساء he didn't mention the narration ثلاث جدهن جد وهزلهن جد that three things it's seriousness is serious and it's joking is serious النكاح والطلاق والرجعة these three things marriage and divorce and Raj'ah to take the spouse back and as mentioned in the hadith the scholars acted upon this and also the companions of the Prophet نعم وفي حديث ابن عباس مرفوعا إن الله وضع عن أمة الخطأ والنسيان وما استكره عليه رواه ابن ماجه and then he mentioned the hadith of ابن عباس مرفوعا that the Prophet صلى الله عليه وسلم said and even this hadith has weakness to it but the meaning of the hadith is صحيح إن الله وضع عن أمة الخطأ والنسيان وما استكره عليه that Allah سبحانه وتعالى has excused for this Ummah mistakes and forgetfulness and that which they have been forced to do so the meaning of the hadith is agreed upon by the scholars and the wording of the hadith has some weakness in it and by this we complete the chapter of الطلق and the following chapter is about certain مسائل that resemble طلق which we will take after the break إن شاء الله تعالى if we can come back for the next session at 6 o'clock and if we have our Salatul Asr prayed before then as well May Allah's peace, mercy, and blessings be upon the Prophet Muhammad and upon his family and companions May Allah's peace, mercy, and blessings be upon you