Family jurisprudence program
The forty -seventh episode
(Who is divorce from?)
Praise be to God alone, and peace and blessings be upon those who have no prophet after him, our Prophet Muhammad and his family and companions.
As for:
May God bless you, O listeners and enjoyment in your program, the jurisprudence of the family.
In this episode, I present to you the esteemed listeners, the twelfth issue, which is the issue of (who is valid for divorce?), And from God Almighty help and success.
Dear listener:
The basic principle is that divorce is a right for the husband, When is the divorce if the husband spoke it? Is the divorce of the young, drunk, unclean, or sleeping? Is the divorce of anger? While the statement of that comes.
The basic principle: the validity of the divorce of the assigned husband – that is: the adult sane – who realizes the meaning of divorce, and otherwise, the place of detail and contemplation is referred to in the following paragraphs:
Firstly: Other than the husband is not valid for his divorce, except that the husband’s position is a agency, there is nothing wrong. Because God Almighty said in his noble book:﴿ O you who believe, when you are the believers, then you divorced them. ﴾ [الأحزاب: 49]F﴿ then ﴾To arrange, and because he does not imagine a divorce without a contract, and how is a divorce when he did not marry?!
Based on this, we know that the father does not have to divorce his son’s wife unless he has died on that, or if the father was a guardian of his son for his young or madness and so on.
secondly: The non -distinctive small divorce does not happen; Because there is no lesson by saying, and he is not charged; When it was narrated from him – may God’s prayers and peace be upon him – that he said: ((The pen was raised from three: on the authority of the sleeper until he woke up, and from the boy until he is almost, and from the deceased until he is reasonable)); It was included by Abu Dawood and Al -Tirmidhi, and Al -Tirmidhi said: A good hadith is a strange, and to do this hadith with the people of science.
Third: As for the distinguished young man, in the validity of his divorce, they are two opinions, and the public is not correct to divorce from it.A narration on Ahmed and the saying of the three imams).
Fourth: He who is still his mind, was excused in that, and he was tired of divorce: his divorce does not happen, such as the sleeping, and the fool, and the crazy, and whoever is still his mind with anesthesia, or his mind is removed by dementia and the old age, and he became delirious with what is not reasonable, for these people do not fall; Because the assignment is raised from them; When it was narrated from him – may God’s prayers and peace be upon him – that he said: ((The pen was raised from three: on the authority of the sleeper until he wakes up, and on the boy until he is almost, and from the fool until he is reasonable)); It was included by Abu Dawood and Al -Tirmidhi, and Al -Tirmidhi said: A good hadith is a strange, and to do this hadith with the people of science.
Fifth: Whoever hates drinking alcohol, drinks it, and he was fired, so also his divorce does not occur; Because he is excused for drinking alcohol because of coercion.
Sixth: He who sugar was satisfied with his consent, then he divorced his wife if he was drunk, so the scholars have the correctness of his divorce.
• Among the scholars who see the occurrence of his divorce; Because it is not excused, and sugar is prohibited by the book, Sunnah, and the consensus of Muslims, (and this is the doctrine); And they explained this that he is not excused in it, so it is like a picker, and that this is his best and increased in his punishment, and perhaps he does not deter him from drinking wine except the fear of this matter, so that the interest of deterrence is in that.
• Among the scholars who said: The drunk does not take place. Because if he is drunk, he is sinful and he is punished for his iniquity, and the limit is established on him, but if he speaks without a mind, then we do not obligate him according to his words as long as he does not reason. For his saying – peace and blessings be upon him – in the agreed hadith: ((Rather, deeds are with intentions, but for every person what he intended)), this drunkenness, when he spoke to divorce, did not intend to do it, and that he is a sinful punishment for a special punishment; It is the establishment of the sugar limit on it in the skin, and this is the opinion of Othman bin Affan – may God be pleased with him.
Seventh: Whoever hates the divorce, is his divorce?
In the matter of detail:
Whoever hates injustice to divorce his wife, his divorce does not fall, so whoever hates him for divorce after he threatened him with something that can be rhythm in; As if he raised a weapon on him, or hurt him in his body until he hurt him or threw it by taking his money and the like, and obligated him to divorce – because his divorce does not occur; Because he did not intend, but rather he intended to pay coercion, and the Prophet – peace and blessings be upon him – said: ((Rather, deeds are with intentions, but for every person what he intended)), and this in fact did not intend to divorce.
As for those who are truly hated for divorce, his divorce is correct, and therefore examples of them:
• Whoever swore to leave his wife’s slowness, and he died for four months, and he refuses to return, and he refuses to divorce, for the ruler obliges him to divorce, and if divorce is divorced, the divorce occurs; Because it is really.
• Likewise, if he hated him because he does not do the alimony due to the wife, and he was told: He spent, then he will be prolonged and refused, then we hate him and obligate him to divorce, so if he refuses in this case to divorce, the judge takes over the divorce.
Eighth: Divorce of anger, does it get at all, or in the matter detailing?
The scholars said: The ruling on divorce the anger is in detail, and Imam Ibn al -Qayyim – may God have mercy on him – mentioned that anger has three degrees:
First: To reach it to an extent he does not know what to say, and may reachTo fainting, this does not take place by agreement; Because it does not make sense of what he says, and he says: I divorced it and I don’t know whether I am in the sky or the earth? Is my wife, mother, grandfather, or grandmother in front of me.
Second: To be at the beginning of anger, but he makes sense of what he says, and he can prevent himself, this is his divorce by agreement; Because he was issued by a person who is not forced to be forced, and divorce is often the result of anger.
As for the third degree: It is a degree between them, nor is he in a state of great anger that he does not know what he says, nor at the beginning of anger that does not prevent him from realizing his words, as a person who knows that he is pronounced divorce, but he is usurped on him, so the strength of anger is unable to possess himself, so this is a dispute between the scholars:
• Some of them said: His divorce occurs; Because he has a correct intent, and he feels what he says, and he knows the woman who signs divorce, so he has no excuse.
• And some of them said: His divorce does not occur; For the hadeeth of Aisha – may God be pleased with her – with a chain of transmission: ((There is no divorce, no yearning for closure)); It was narrated by Ahmad, Abu Dawood and Ibn Majah, and it was improved by Al -Albani, which is the choice of Sheikh Al -Islam Ibn Taymiyyah and Ibn Al -Qayyim.
This issue is one of the accurate issues, and it is necessary for those who have been in it to be rented by those who trust his religion and knowledge, and God Almighty knows best.
We ask God Almighty to understand us in religion, and to teach us what benefits us, and God Almighty knows best, and may God bless and grant peace to our Prophet Muhammad, and peace and God’s mercy and blessings be upon you.
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The most important references:
• “Funian explanation“.
• “A footnote to Ibn Qasim“.