Is a Divorce Given during a Time of Cleanliness Valid?

Answered by Shaykh Abdul-Rahim Reasat

Question

Is a divorce given during the time of cleanliness valid if they had intercourse during that period? I know it is a talaq-bidi’ and haram, but is that talaq valid? And if not, what does the person have to do to divorce correctly after doing it wrong?

Answer

Yes, such a divorce is valid. It is also sinful, so anyone who does divorce his wife in such a manner must repent. [Maydani, al-Lubab]

This is a serious matter as it opposes the way of the Prophet (Allah bless him and give him peace). On the Day of Judgement, there will be people attempting to go to the Basin of the Prophet (Allah bless him and give him peace), but the angels will chase them away. When the Prophet (Allah bless him and give him peace tries to call them to him, the angels say to him, “You do not know what new matters they introduced after you.”

At this, the Prophet (Allah bless him and give him peace) will tell those people to go far from him. [Muslim]

The new matters are innovations that contradict the spirit of the sunna. Such a divorce is like that.

May Allah protect us.

[Shaykh] Abdul-Rahim Reasat
Checked and Approved by Shaykh Faraz Rabbani

Shaykh Abdul-Rahim Reasat began his studies in Arabic Grammar and Morphology in 2005. After graduating with a degree in English and History he moved to Damascus in 2007 where, for 18 months, he studied with many erudite scholars. In late 2008 he moved to Amman, Jordan, where he continued his studies for the next six years in Sacred Law (fiqh), legal theory (Usul al-fiqh), theology, hadith methodology, hadith commentary, and Logic. He was also given licenses of mastery in the science of Quranic recital and he was able to study an extensive curriculum of Quranic sciences, tafsir, Arabic grammar, and Arabic eloquence.