Category Archives: Divorce

Father Orders Son To Divorce His Wife: Sheikh Muhammad Ibn Saalih Al Uthaymin

بسم الله الرحمن الرحيم

Ibn Umar said; I was married to a woman that I loved, however Umar hated her, so he said to me “divorce her!” But I refused. Consequently he went to the Prophet -sallahu alayhi wa salaam- and mentioned this to him. As a result the Prophet -sallahu alayhi wa salaam- said (to me) “Divorce her!” Collected by Abu Dawud and Tirmidhi.

Abud-Dardaa said that a man came to him and said; indeed I have a woman that my mother commands me to divorce. So Abud-Dardaa said, I heard Allah’s Messenger say: “The parent is the middle door to paradise, so whoever wills may neglect that door or protect it.” Collected by Tirmidhi.

Sheikh Muhammad Ibn Saalih Al Uthaymin stated while commenting on these two narrations; then he (Imaam An-Nawawi) mentions the narration of Abdullah Ibn Umar where he had a woman that he loved, yet his father order him to divorce her, but he refused to do such because he loved her. So Umar mentioned that to the Prophet -sallahu alayhi wa salaam- and he subsequently commanded Ibn Umar to divorce her.

Also another narration wherein a woman commands her son to divorce his wife, therein the Prophet -sallahu alayhi wa salaam- makes clear that maintaining family ties or dutifulness to the parents is a means to enter Paradise. This is by signifying that, if he obeys his mother by divorcing his wife, that is a cause for him to enter Paradise.

However it’s not obligatory to obey every father that orders his son to divorce his wife. A man said to Imaam Ahmad; my father told me to divorce my wife, but I love her. He replied; then do not divorce her. The man said in response; did not the Prophet -sallahu alayhi wa salaam- command Ibn Umar to divorce his wife on account of Umar ordering him (his son) with such? Imaam Ahmad said; is your father Umar? As Umar, as we know with certain knowledge, that he would never order Abdullah to divorce his wife unless it was due to an Islamic legislative motive, and perhaps Ibn Umar is unaware of such motive.

This is because it is impossible for Umar to have commanded his son with divorcing his wife in order to cause a separation between him and her without a legislative reason, this is very unlikely. On account of this, if your father or mother orders you to divorce your spouse and you love her, and do not find a legislative reference for such, then do not divorce her. As this is from the particular needs in which no one can interfere in as it relates to a man and his wife.

Translated by Najeeb Al Anjelesi

Source: شرح رياض الصالحين   

 

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Sexual Relations During Iddah: Shaykh Muqbil

بسم الله الرحمن الرحيم
Q: Is it permissible for a man to have relations with his divorced wife (during the iddah period)? And if he does that without the intention of taking her back does she remain divorced or is she considered to be taken back due to sexual relations with her?
 
A: If he doesn’t intend to take her back then what is obvious is that she has not been taken back, because of the statement of the Prophet sallahu alayhi wa salaam:
 
“Verily actions are by intention.. .”
 
Thus it necessitates an intention. So if there’s no intention then her being taken back has not occured. Of course sexual relations is during the iddah period.
 
Taken from Ar Rihlatul Akhirah, question 23
 
Translated by Najeeb Al Anjelesi
 

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