The divorce took place because the wife was doing the shirk of witchcraft, for own aims and slanderising the husband in a bad way.
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh.
(May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked
this question:
Asalaama
alaikuum, sister fatimah, from
may
ALLAH reward you for the understanding and interpretation of the Almightys
word.
My question is brother my husband had a second wife, who he chose to divorce,
may allah have mercy on them both.
The
wife was pregnant.and he maintained her until the birth and all provisions for
her medical care. Now the child is born he has accepted his responsibility and
financially provided for the child and intends to provide for the mother for
the 2yr period of suckling as specified.
However,
he has been told that a divorce cannot be permitted if the child born is a
male. That the husband remains in the marriage even though he has previously
divorced the mother. He has been told he would have to divorce her again now
that the male infant is born or the marriage is still legal.
We have both searched hadith for this , but cannot find this judgement
anywhere, can you please advise on this matter. The divorce took place because
the wife was doing the shirk of witchcraft, for own aims and slanderising the
husband in a bad way. She is a great believer in psychics and other means of
witch craft, we found many of these items in the home we shared with her,
before the divorce.
Can
you please advise.
(There may be some grammatical and spelling
errors in the above statement. The forum does not change anything from
questions, comments and statements received from our readers for circulation in
confidentiality.)
Answer:
Divorce legal
In the name of Allah, We praise Him, seek His
help and ask for His forgiveness. Whoever Allah guides none can misguide,
and whoever He allows to fall astray, none can guide them aright. We bear
witness that there is none worthy of worship but Allah Alone, and we bear
witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.
Your
Question: However, he has been told that a divorce cannot be permitted if the
child born is a male. That the husband remains in the marriage even though he
has previously divorced the mother. He has been told he would have to divorce
her again now that the male infant is born or the marriage is still legal.
Sunan of Abu-Dawood Hadith 2189 Narrated by Abu Hurayrah
The Prophet (saws) said: ‘There are three
things which, whether undertaken seriously or in jest, are treated as serious:
Marriage, divorce and taking back a wife (after a divorce which is not final).’
Regardless of under what situation and condition the
husband has pronounced the divorce, regardless of whether he declared the
divorce in seriousness or in jest, regardless of whether the wife was pregnant
at the time of the declaration or not, and absolutely regardless of whether the
wife happens to deliver a male or a female off-spring, etc……..if the husband
has pronounced a declaration of divorce upon his wife, the divorce will be established
in the Sight of Allah Subhanah and in the Sight of Shariah Law.
Respected sister, we absolutely assure you that the nature
of the gender of the subsequent off-spring is absolutely irrelevant to the
pronouncement of the divorce….if the husband has declared a divorce upon his
wife, that divorce will be established in the Sight of Allah Subhanah and in
the Sight of Shariah Law.
Whatever written of Truth and benefit is only
due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only
Source of Strength.
Your brother and
well wisher in Islam,
Burhan
Wister