Issue No. 2135- A man who divorces his wife must be sane, and as an obligatory precaution, he must also be mature, and he should divorce her out of his will. Hence, if someone compels him to divorce his wife, the divorce will be void. It is also necessary that he seriously intends to divorce. If, therefore, he pronounces the formula of divorce sarcastically, the divorce will not be valid.
Issue No. 2136- Based on obligatory precaution, the formula for divorce should be pronounced in correct Arabic, and it is obligatory that two just men hear it. If the husband himself wishes to pronounce the formula for divorce, and his wife’s name is for example, Fatima, he should say:زَوْجَتِي فاطِمَةُ طالِقٌ“Zawjatī Fatima Ṭāliq”(My wife Fatima is divorced)And if he appoints another person as his representative to pronounce the formula of divorce, the representative should say:زَوْجَةُ مُوَکِّلِي فاطِمَةُ طالِقٌ“Zawjatu Muwakkilī Fatima Ṭāliq”(Fatima, the wife of my client is divorced).
Issue No. 2137- It is necessary that at the time of divorce, the woman is pure from ḥayḍ (menstrual blood) and nifās (lochia or birth bleeding), and that the husband should not have had sexual intercourse with her during that period of purity, and if he had sexual intercourse with his wife while she was in ḥayḍ or nifās preceded by purity, the divorce is not sufficient as an obligatory precaution, rather she should enter ḥayḍ once again and become pure, and then she can be divorced. (The details of these two conditions will be given in the succeeding issues).
Issue No. 2138- It is valid to divorce a woman even if she is in ḥayḍ or nifās in the following three circumstances:1- If the husband has not had sexual intercourse with her at all after marriage.2- If it is known that she is pregnant.3- If the wife is absent, and the husband is unable or it is difficult for him to ascertain her being pure.
Issue No. 2139- If a man thinks that his wife is pure from ḥayḍ and divorces her, but it transpires later that at the time of divorce she was in the state of ḥayḍ, the divorce is void. On the contrary, if he knows that she is in the state of ḥayḍ and divorces her, and it transpires later that at the time of divorce she was not in the state of ḥayḍ, the divorce is valid.
Issue No. 2142- If a person has sexual intercourse with his wife who is pure from ḥayḍ or nifās, and then goes on a trip, and wishes to divorce her, but has no way of finding out whether she is pure or not, he should, as an obligatory precaution, wait for one month before he divorces her.
Issue No. 2143- If a man wishes to divorce his wife who does not have a monthly period due to illness, etc., he should refrain from having sexual intercourse with her for three months from the time he has had the last intercourse and then divorce her.
Issue No. 2144- There is no divorce in temporary marriage. Therefore, as soon as the period of the marriage expires or the man dismisses the remainder of the period of the marriage, the marriage bond is dissolved and it is not necessary for her to be pure from ḥayḍ or for there to be witnesses.
Issue No. 2145- It is necessary for a woman who has been divorced to observe Iddah (waiting period). However, if the husband has not had sexual intercourse with her at all, or she is under nine years of age or if she is in menopause ( i.e. she is 50 years old), Iddah is not necessary. In these three cases, a woman can get married immediately after divorce.
Issue No. 2146- The ‘iddah for women who have a monthly period is that they should, as an obligatory precaution, wait until they see ḥayḍ twice and become pure. Thereafter, as soon as she has menses for the third time her waiting period ends.
Issue No. 2147- If a woman who does not have menstrual discharge, is of the age of women who have menstrual discharge, and her husband has engaged in sexual intercourse with her in this marriage, she should observe ‘iddah for three months after divorce. That is to say, if it is the first day of the lunar month, she should observe ‘iddah for three lunar months, and if it is on any other day of the month, e.g. the 5th or the 10th, then on the 5th or the 10th day of the 4th month, her ‘iddah will be over. For example, if she is divorced on the 5th day of the month of Rajab, her waiting period will be over on the 5th day of the month of Shawwal.
Issue No. 2148- If a pregnant woman is divorced, her ‘iddah will last until the birth or miscarriage of the child. Hence, if for example, she gives birth to a child one hour after being divorced, her ‘iddah ends.
