Divorce and Sex????

Re: Divorce and Sex????

Allah subhan wa tala knows best.

Re: Divorce and Sex????

Thanks SB.

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No I am right. If husband says Talaq 3 times, talaq happens even if wife is pregnant.

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^aren't there to be 3 talaqs at three points in time for the talaq to be permanent??

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^ yes . if the husband says tallaq once and after two months he says another tallaq so that would be considered two tallaqs----> it wont be one tallaq just because he earlier said tallaq which was two months old.

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yup thats true if the husband has said tallaq three times...the tallaq will hapen...doesnot matter if the wife is preg or not.

but that wasnot my question.

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According to all 4 school of thoughts, 3 at one time are also 3 talaqs

Ahl-e-hadees however say that it should be 3 and three different time

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Quran doesnt allow you to give three talaq's in one go.

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Really? i think three tallaqs in one go are allowed....haan they have been told to avoid it but they can do.

any quranic references for that?

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I am not going to debate on that as different scholars think differently, I am sepcifically talking about 3 talaqs within pregnancy time.

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The Quran basically lays down the method for divorce. There must be a period of Iddah and since that is mentioned in the Quran itself, there are no ways around it. There are some Hadith regarding this matter which essentially say that the 'Triple Talaq' is to be treated simply as one. So yeah, not a lot of variation between the scholars either. The Quran is the ultimate authority.

The period of Iddah for a pregnant woman is until she delivers the child. During the period of Iddah, the couple may reconsider their decisions as the Quran prescribes the Iddah for this very reason; decisions made in anger and haste. If they do follow through with the divorce, the man is liable to pay upkeep.

Allah knows best.

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**"Triple Talaq' is to be treated simply as one" **hmmm thats something new i heard. will read surah-e-tallaq to see what it exactly says.

Re: Divorce and Sex????

Peace Blessed2006,

Please see the following hadiths. In state of fasting, it is allowed to kiss but mutual relation will void the fast. There are many hadiths in support to this. However i quote few which are as under in details.

Book 'Fasting (Kitab Al-Siyam)' of Sunan Abu-Dawud Hadit No. 2379

Narrated Umar ibn al-Khattab: I became colorful and happy, so I kissed while I was fasting, I then said: Apostle of Allah, I have done a big deed; I kissed while I was fasting. He said: What do you think if you rinse your mouth with water while you are fasting. The narrator Isa ibn Hammad said in his version: I said to him: There is no harm in it. Then both of them agreed on the version: He said: Then what?

**
Book 'Fasting' of Malik's Muwatta Hadith No. 18.5.13 & 18.9.29**

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that a certain man kissed his wife while he was fasting in Ramadan. This made him very anxious, and so he sent his wife to the Prophet, may Allah bless him and grant him peace, to ask him about that for him. She went in and saw Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, and mentioned the matter to her, and Umm Salama told her that the Messenger of Allah, may Allah bless him and grant him peace, used to kiss while he was fasting. So she went back and told her husband that, but it only made him find fault all the more and he said, "We are not like the Messenger of Allah, may Allah bless him and grant him peace. Allah makes permissible for the Messenger of Allah, may Allah bless him and grant him peace, whatever He wishes." His wife then went back to Umm Salama and found the Messenger of Allah, may Allah bless him and grant him peace, with her. The Messenger of Allah, may Allah bless him and grant him peace, said, "What's the matter with this woman?", and Umm Salama told him. The Messenger of Allah, may Allah bless him and grant him peace, said, "Didn't you tell her that I do that myself?" and she said, "I told her, and she went to her husband and told him, but it only made him find fault all the more and say, 'We are not like the Messenger of Allah, may Allah bless him and grant him peace. Allah makes permissible for His Messenger, may Allah bless him and grant him peace, whatever He wishes.' " The Messenger of Allah, may Allah bless him and grant him peace, got angry and said, "By Allah, I am the one with the most taqwa of Allah of you all, and of you all the one who best knows His limits."

Yahya related to me from Malik from Ata ibn Abdullah al-Khurasani that Said ibn al-Musayyab said, "A bedouin came to the Messenger of Allah, may Allah bless him and grant him peace, beating his breast and tearing out his hair and saying, 'I am destroyed.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Why is that?', and he said, 'I had intercourse with my wife while fasting in Ramadan.' The Messenger of Allah, may Allah bless him and grant him peace, asked him, 'Are you able to free a slave?', and the man said, 'No.' Then he asked him, 'Are you able to give away a camel?', and the man replied, 'No.' He said, 'Sit own,' and someone brought a large basket of dates to the Messenger of Allah, may Allah bless him and grant him peace, and he said to the man, 'Take this and give it away as sadaqa.' The man said, 'There is no one more needy than me,' and (the Messenger of Allah, may Allah bless him and grant him peace), said, 'Eat them, and fast one day for the day when you had intercourse.' " Malik said that Ata said that he had asked Said ibn al-Musayyab how many dates there were in that basket, and he said, "Between fifteen and twenty sas.'' Malik said, "I have heard people of knowledge saying that the kaffara specified by the Messenger of Allah, may Allah bless him and grant him peace, for a man who has intercourse with his wife during the day in Ramadan is not due from someone who, on a day when he is making up the fast of Ramadan, breaks his fast by having intercourse with his wife, or whatever. He only has to make up for that day." Malik said, "This is what I like most out of what I have heard about the matter."

Re: Divorce and Sex????

Again thankyou (i know but.. :) ) very much Lethal. This was very clear and has answered my query.

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:champ:

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I'm not an expert on this issue, but I guess the idea must be that its is extremely cruel to divorce your wife while she's carrying your child (unless she asks for it) you should avoid it if you can, but somehow people turned it into a clear cut impossible thing.

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Yup with the explanation lethal provided and with some of my own searching indeed its not that if the wife is preg and the husband divorces her then the divorce will not take place since she is preg. the divorce will take place any way. It is "aisa karne se parhaiz farmaya hai" rather than prohibited (because as you said) it is cruel to divorce her in this state plus may be they unite back while the man is waiting for the delivery.

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well, some of my brothers have cleared Question ,, but there is still confusion in question no 1.. i am the same not clear abut it, that a husband is permitted to giver his pregnant women tallaq or not..

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Divorce entails expressing the intention of divorce and then a period of Iddat.

  • 3 menstrual cycles for women who are not pregnant
  • Until delivery for women who are pregnant

So when the man tells his pregnant wife that he wishes to divorce her, he must wait until the child is delivered before they separate. He is still liable for upkeep during that period and after the child is born. So yeah, he can divorce her but the Iddat period will be until she delivers the baby.

This is the process as mentioned in the Quran.

Re: Divorce and Sex???

The very first AYYAT for Surah-e-Talaq

Part of it : To Do Talak tum inhain is tarah ke woh iddat shroo ker sakain. Aur theek theek shumar karo idat (ke zamanay) ka. Aur Daro ALLAh sey jo tumhara Rab hai, AUR NA NIKALO TUM INHAIN IN KEY GHAROON SEY AUR NA WOH KHUD NIKLAIN ye key irtikaab karain woh kisi khuli Badkari ka, aur yeh ALLAH ki (mukarar karda) hadain hain.

Second Ayyat Part of it

Phir jab woh phoonch jain apni iddat (key khatamay) per phir rook lo inhain bhalay tareeqay sey ya juda ker do inhain bhalay tareeqay sey.

Very simple, you cannot make ur wife leave her home in her iddat neither is she allowed to leave.

i will come back to red and blue part

Fourth Ayyat of same surah
Part of it

Aur Hamla Aurtain, in ki idat ye hai ke bacha jan lain

Pregnant lady’s iddat is until she delivers.

Connect the dots, Husband shldnt kick the wife out in her iddat is over and Wife shldnt leave the house either. A pregnant wifes iddat is until she delivers. So wife stays in her home until she delivers the baby

**Blue and red parts

About three Divorces. **

"To Do Talak tum inhain is tarah ke woh iddat shroo ker sakain" You cant just divorce the way you like, u have to give her a divorce so she can start her iddat. During iddat woman stays in her house.

Phir jab woh phoonch jain apni iddat (key khatamay) per phir rook lo inhain bhalay tareeqay sey ya juda ker do inhain bhalay tareeqay sey. And when they r done with their iddat you can let them go aur stop them.

Now three divorces means woman packs and leaves. which is against the Quran.


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