Questions:
My husband divorced me while I was
pregnant than before I gave birth to my child he came back and said that we are
not divorced since pregnant women can’t be divorced. So I would like to know am
I really divorced or not. My husband and I love each other very much and now we
have a baby son. Please do reply to me as soon as possible.
Answer:
Praise be to Allaah.
Shaykh Ibn Baaz (may Allaah have mercy
on him) was asked whether a woman may be divorced by talaaq when she is
pregnant. He said:
This is an idea which is common among
some people. Some of the people think that a pregnant woman cannot be divorced
by talaaq. I do not know where they get this idea from, for it has no basis in
the words of the scholars. Rather the view of all the scholars is that a pregnant
woman can be divorced by talaaq. There is consensus on this point among the
scholars, and there is no dispute. Talaaq according to the Sunnah means that a
woman may be divorced in two cases:
1 – She may be divorced when she is
pregnant; this is a Sunnah divorce and is not bid’ah.
2 – She should be taahir (pure, i.e.,
not menstruating) and her husband should not have touched her (i.e., had
intercourse with her), i.e., she should have become taahir following
menstruation or nifaas (post-natal bleeding) and before he has intercourse with
her. Talaaq in this case is in accordance with the Sunnah.
Fataawa al-Talaaq by Shaykh Ibn Baaz,
1/45-46
So long as he took her back during the
‘iddah, then she is still his wife, because the ‘iddah of a woman who is
pregnant ends when she gives birth, and her husband took her back before she
gave birth. Allaah says (interpretation of the meaning):
“And for those who are pregnant
(whether they are divorced or their husbands are dead), their ‘Iddah
(prescribed period) is until they lay down their burden”
[Al-Talaaq 65:4]
This is the ‘iddah of the pregnant
woman whether she is divorced or widowed. The husband should count this as one
talaaq. And Allaah knows best.
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