The Divorces Not According to the Book and Sunnah

“I once said to abu Ja’far (a.s.), ‘Have you said that one who does not divorce according to the book and al -Sunnah his divorce is not valid?’ Abu Ja‘far (a.s.), replied, ‘I have not said so, in fact, Allah, most Majestic, most Glorious, has said it. By Allah, were we to give you fatwas with injustice we would become worse than you; Allah, most Majestic, most Glorious, says, ‘Would that their Rabbis and Ahbar prohibit them from their sinful words and consuming what is filthy. . . .’ ( 5 : 63 )”

“Abu Ja‘far (a.s.), has said, ‘Whatever is not according to the book of Allah, most Majestic, most Glorious, is returned to the book of Allah, most Majestic, most Glorious, and al -Sunnah.’”

“I once asked abu ‘Abd Allah (a.s.), about the case of a man who divorces his wife when she experiences Hayd (menses). He (the Imam) said, ‘A divorce which is not according to Sunnah is invalid.’ I then asked, ‘What happens if a man divorces his wife three times in one place and time?’ He (the Imam) said, ‘It must be returned to Sunnah.’”

“Abu Ja‘far (a.s.), has said, ‘One who does not divorce according to Sunnah must be returned to the book of Allah, most Majestic, most Glorious, even though he may refuse.’”

“I once asked abu ‘Abd Allah (a.s.), about the case of a divorce which is not with waiting period. He (the Imam) said, ‘It must be returned to the book of Allah, most Majestic, most Glorious.’”

“I once asked abu ‘Abd Allah (a.s.), about the case of a man who divorces his wife during her experiencing Hayd (menses). He (the Imam) said, ‘It is a divorce which is not according to Sunnah.”’

“Abu Ja‘far (a.s.), has said, ‘If one divorces his wife in one place and time three times when she is experiencing Hayd (menses) such divorce does not have any valid effect. A valid divorce is that which Allah, most Majestic, most Glorious, has commanded. Whoever does otherwise it is not a divorce. Ibn ’Umar divorced his wife three times in one place and time when she experienced Hayd (menses). The Holy Prophet, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, commanded him to go to bed with her and ignore that kind of divorce.’ He (the Imam) said, ’A man once came to ’Amir al-Mu’minin (a.s.), and said, ‘O ’Amir al-Mu’minin, I have divorced my wife.’ He (the Imam) asked, ‘Do you have witnesses?’ he replied, ‘No, I do not have any witnesses.’ He (the Imam) said, ‘You must disregard it.’”

I heard abu Basir saying the following: “I once asked abu Ja‘far (a.s.), about the case of a woman who is not divorced according to Sunnah and said that they are a family and no one knows them. He (the Imam) said, ‘It does not have any valid effect.’”

“I once heard abu ‘Abd Allah (a.s.), state this Hadith. ‘Ibn ‘Umar divorced his wife three times at the same place and time when she experienced Hayd (menses). He asked the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, and he commanded him to go back to his wife.’ I then said, ‘People say that he divorced only once when she experienced Hayd (menses).’ He (the Imam) asked, ‘What for, then, did he ask the Messenger of Allah if he was able to go back to her? They speak a lie. He divorced three times at the same place and time, then the Messenger of Allah commanded him to go back to her and then divorce her if he wanted or keep her if he so willed.’”

“Abu Ja‘far (a.s.), was asked about the case of a woman who hears that the man has divorced her but he denies it: if she can stay with him. He (the Imam) said, ‘Yes, because divorce without witness is not a divorce, also divorce without waiting period is not a divorce. It is not lawful to divorce without witnesses and without waiting period that Allah, most Majestic, most Glorious, has commanded to do.’”

“When a man during a woman’s experiencing blood discharge because of childbirth or after going to bed with her divorces, such divorce is not a valid divorce. A divorce at such time when commencing waiting period is possible and valid, that it is in a menses-free time but without the presence of two just witnesses, such divorce also is not a valid divorce.’”

“I once asked abu al-Hassan, (Musa) (a.s.), about the case of a man who divorces his wife in a menses-free period during which he has not gone to bed with her. He then goes back to her on the same day, then divorces her: if it becomes irrevocable with three divorces during one menses-free period. He (the Imam) said, ‘He has opposed the Sunnah.’ I then asked, ‘Is it necessary after going back to his wife to divorce her in another menses-free period of time?’ He (the Imam) replied, ‘Yes, it is necessary.’ I said, ‘So that he can go to bed with her?’ He (the Imam) replied, ‘Yes, he can do so.”’

“Abu ‘Abd Allah (a.s.), has said, ‘If one divorces his wife without witnesses it does not become of any valid effect.’”

“Once, a man in al-Kufah came to ’Amir al-Mu’minin (a.s.), and said, ‘I have divorced my wife after she became clean from her Hayd (menses) and before I went to bed with her.’ ’Amir al- Mu’minin asked, ‘Did you ask two just men to witness as Allah, most Majestic, most Glorious, has commanded to do?’ He replied, ‘No, I did not do so.’ He (the Imam) said, ‘Your divorce in not valid.’”

“Abu ‘Abd Allah (a.s.), has said, ‘If one divorces his wife three times at the same place and time it does not become of any valid effect. The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, rejected the divorce of ‘Abd Allah ibn ‘Umar when he divorced his wife with three divorces when she experienced Hayd (menses). The Messenger of Allah called it an invalid divorce saying, ‘Whatever is against the book of Allah, most Majestic, most Glorious, must return to the book of Allah, most Majestic, most Glorious.’ He (the Messenger of Allah) said, ‘Divorce without waiting period is not valid.’”

“I once said to abu ‘Abd Allah (a.s.), ‘I asked ‘Amr ibn ‘Ubayd about the divorce of ‘Abd Allah ibn ‘Umar and he said, “He divorced her once when she experienced Hayd (menses).”’ Abu ‘Abd Allah (a.s.), said, ‘Why did you not say to him, “If he divorced her once during her experiencing Hayd (menses) or when she did not experience Hayd (menses), he had more authority to go back to his wife.’ I said, ‘I did say so.’ He (the Imam) then said, ‘He has not spoken the truth, may Allah condemn him. He divorced three times but the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, rejected it and said, “You can keep your wife or divorce her according to Sunnah if you wanted.’””

“Abu Ja‘far (a.s.), has said, ‘Every divorce without waiting period is not a valid divorce, or divorce during her experiencing Hayd (menses), Nifas (childbirth), after going to bed with her before her Hayd (menses), such divorces are not valid. If one divorces with waiting period more than once the extra one does not have any valid effect. If one divorces with waiting period without just witnesses, it also is not a divorce and women’s witnessing is not sufficient.’”

“Once, I was with Abu Ja‘far (a.s.), when, Nafi’ Mawla’ Ibn ’Umar came to visit him (the Imam). Abu Ja’far (a.s.), asked him, ‘Are you the one who believes that ibn ‘Umar divorced his wife once during her experiencing Hayd (menses) and the Messenger of Allah (saww) commanded ‘Umar to ask him to go back to his wife?’ He replied, ‘Yes, that is correct.’ He (the Imam) said, ‘You have spoken a lie against ibn ‘Umar, by Allah, besides whom no one deserves worship. I heard ibn ‘Umar saying, “I divorced her during the time of the Messenger of Allah, three divorces but the Messenger of Allah reversed it on me and I kept her after divorce.” O Nafi‘ you must have fear of Allah and do not narrate falsehood against ibn ‘Umar.’”