#792: Is the Divorce pronounced on a Woman who is in Nifās Sound?
792. QUESTION
“QUESTIONS: … Due to the hadith of Ibn Umar that divorce his wife while in messes(الحيض) and prophet told Umar to bring her back, then what if she is in the state of post birth-bleeding. Is the same rule apply?. Jezakumullahu khira”
ANSWER:
Alhamdulillāh!
As for Divorcing a woman while she is in Nifās (post Natal bleeding), then it’s ruling is the same as divorcing her while she is Menstruating and it is Harām by consensus, and a Bid’ah away from the Sunnah.
As for whether this form of divorce is considered to be binding and to be complied with, the Fuqahā differed and they explained the Hadīth of Ibn Umar that you referred to which was recorded by the Compilers of Hadīth.
Some of them explained that though the Rasūl -salallāhu alayhi wasallam – commanded him to take her back into his home, he didn’t command him to take her back as his wife. Thus she could have remained in his home until her purity comes and she begin observing her ‘Iddah until it ends. This is the position of the majority.
Shaykhu Al-Islam Ibn Taymiyyah – rahimahullāh – held that this form of divorce, since it’s Harām and a Bid’ah must be regarded as wrong and cannot be considered to be a sound divorce and she remains his wife.
What seems stronger is the later position and Allāh knows best.
Bārakallāhu Fīkum
Jazakumullāhu Khayran.
28th Ramadān, 1440AH.
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