The divorce is two types
1 - The Sunnah divorce
It is when a man divorces his wife in a state of purity during which he did not touch her, If a Muslim wants to divorce his wife because one of them is harmed, and it was only repelled by divorce, Wait for her to menstruate and purify herself, If she becomes pure, he does not touch her, then he divorces her with one divorce, For example, if he says: You are divorced, and that is because God Almighty says: O Prophet, if you divorce women So don't divorce them on their waiting period.” [Al-Talaq: 1].
Second: The heresy divorce
It is for a man to divorce his wife while she is menstruating or postpartum, or he divorces her during a period of purity that he has touched, or he divorces her three times in one word, or three words at once, as if he says to his wife: You are divorced, you are divorced, you are divorced, the majority of scholars are of the view that the heresy divorce occurred, and his owner sinned; (Al-Mughni, by Ibn Qudamah, vol. 10, p. 327.
The divorce ruling
(1) Obligatory divorce
Such as the divorce of the two rulers in the discord between the spouses, If they saw it, like the molar divorce, after four months of waiting, if he refuses to come to his wife.
(2) The forbidden divorce
It is the divorce of a woman during her menstrual period, Or in purity, as the man came to his wife.
(3) The disliked divorce
It's a divorce without cause.
(4) Mandatory (the desirable) divorce
like being a foul-tongued wife, and he is afraid of her falling into the forbidden if she continues with him.
(5) The Permissible Divorce
Like the husband who does not want his wife, and does not like to bear her expenses without the purpose of enjoying her, (Al-Mughni, by Ibn Qudamah, Vol. 10, p. 323) (Fath al-Bari, by Ibn Hajar al-Asqalani, Vol. 9, p. 258).
The words of divorce
Divorce words are divided into two categories: explicit or euphemistic.
The explicit divorce words
The word explicit divorce is the word that is understood from the meaning of speech when pronouncing it, It is not possible other than divorce, and that is like: you are divorced, I divorced you, you are divorced, and everything that is derived from the term divorce, and this takes place in divorce according to many scholars; this is due to what Abu Dawood narrated on the authority of Abu Hurairah that the Messenger of God, may God’s prayers and peace be upon him, said: ((Three its serious is serious, its mock is serious, Marriage, divorce, and taking back)); (Hassan hadith) (Sahih Abi Dawood; by Al-Albani, Hadith 1920).
The metaphors for divorce
They are the words that bear divorce and others. Ex: follow your family, Get out of the house, your command you by your hand, You are free, I set you free, I left you, Go get married, your rope is expend, with these expressions and the like, divorce does not take place except by intention. If the husband intended to divorce, then divorce takes place, If he did not intend to divorce, then it does not count This is apparent from the choice of Imam al-Bukhari. (Fath Al-Bari, by Ibn Hajar Al-Asqalani, vol. 9, p. 282).
Al-Bukhari narrated on the authority of Aisha, may God be pleased with her, that when the daughter of Al-Jun was enter to the Messenger of God, may God’s prayers and peace be upon her peace and blessings be upon him, and he drews near her She said: I seek refuge in God from you He said to her: ((You have sought refuge with a great, follow your family)). (Bukhari, Hadith 5254).
The two sheikhs narrated on the authority of Ka’b bin Malik, “When the Prophet, may God’s prayers and peace be upon him, deserted him and his companions; for their failure to go out with him to the Battle of Tabuk, He said: Until forty of the fifty nights have passed, when the Messenger of the Messenger of God, may God’s prayers and peace be upon him, comes to me, He said: The Messenger of God, may God’s prayers and peace be upon him, commands you to separate from your wife, I said: divorce her or what should I do? he said no; Rather separate from her, and do not approach her, and he sent a similar message to my friend, so I said to my wife: Join your family and be with them until God decides on this matter, (Bukhari, Hadith 4418/ Muslim Hadith 2769).
Looking at the two previous hadiths, we find the word
"follow your family"
In the first hadith, the Prophet, may God’s prayers and peace be upon him, intended it divorce was a divorce, and as for “follow your family”
In the second hadeeth, which is the hadeeth of Ka’b bin Malik, When he said to his wife: “Go with your family,” he did not mean divorce, and therefore this is no longer a divorce.
Abd al-Razzaq narrated on the authority of Muammar on the authority of Qatada in a man who said to his wife: You are free. He said: If he intended a divorce, then it is a divorce, (Its chain of narrators is authentic) (Musannaf Abd al-Razzaq, Vol. 6, No. 1119
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