Divorcing a pregnant wife is valid

23-12-2008 | IslamWeb

Question:

ASSALAMUALAIKUM .. MY QUESTION IS REGARDING ABOUT DIVORCE (TALAQ) I GAVE DIVORCE TO MY WIFE WHEN SHE WAS AROUND 7TH MONTH PREGNANT HOW I GAVE HER DIVORCE ? AFTER ZOHER I WROTE SMS TO HER AND SAID THAT IN MY FULL SENSE ( SANE )I GIVE YOU RIGHT NOW ONE DIVORCE .. THEN AFTER MAGHRAB AGAIN I GAVE HER 2ND AND 3RD DIVORCE BY SMS AND SAME I SAID WHAT I SAID IN MY 1ST DIVORCE THAT IN MY FULL SENSE ( SANE )I GIVE YOU RIGHT NOW 2ND AND 3RD DIVORCE .. SINCE 2DAY WE GOT A BABY BOY AND NOW I WANT TO RAJOH WITH HER SO WHAT CAN I DO .? I HEARED FROM LOT OF PEOPLES THAT IN PREGNANCY DIVORCE IS NOT BE DONE.AND AFTER BORN OF BABY JUST ONE DIVORCE IS B COUNTED NOT THREE.SO I CAN RAJHO HER WITH CONDITION OF NEW CONTRACT (NIKAH WITH NEW MEHAR )WITHOUT ANY ( HALALA ) ALSO I READ IN QURAN Surah Al-Baqara AAYAT NO 232.. And when you divorce women and their period are completed, then O guardians of women! Prevent them not from marrying their husbands, when they agree among themselves according to law. This counsel is given to him who among you have faith in Allah and the Last Day. This is cleaner and purer for you, and Allah knows and you do not know. SO IN THE LIGHT OF QURAN WORDS THAT I CAN NIKAH WITH HER WITH NEW MEHAR COZ STILL SHE HAS NOT complete HER period MEANS (NIFAS ) SO CAN PLEASE GIVE ME ANSWER THAT CAN I MARRY HER AGAIN WITH NEW MEHAR.. JAZAKALLAH KHIAR QAMAR
Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) is His slave and Messenger.

 

Writing the word divorce is not considered a divorce unless the husband wrote it with the intention of divorce or uttered the word divorce when writing it. Therefore, if you intended to divorce your wife when you wrote the message or you uttered the word divorce, then divorce took place; for more benefit, please refer to Fatwa 89894.

Moreover, according to the view of the majority of the scholars may Allaah have mercy upon them combining the second and third divorce in one wording means that divorce takes place twice.

If we presume that you wanted divorce when you first wrote the message, then your wife becomes irrevocably divorced from you and you cannot take her back unless she marries another man [a true marriage and that man consummates the marriage with her and then he dies or divorces her].

Therefore, it becomes clear that the verse 232 of Chapter Al-Baqarah (Quran 2) does not apply to your case. For more benefit on the kinds of divorce, please refer to Fatwa 82541.

Furthermore, divorcing a pregnant woman is a divorce according to the Sunnah and it takes place as we clarified in Fatwa 82929.

It should be mentioned that the waiting period of a pregnant wife ends as soon as she gives birth to the baby as discussed in Fatwa 84751.

Finally, it should be noted that a husband should avoid hasting to utter the word divorce and he should not make this as a means of solving problems before exhausting all other religious means; for more benefit please refer to Fatwa 85402.

Allaah Knows best.

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