Explanation of the Book of Divorce (3 Volume Set) Shaykh Muhammad Bin Salih Al-Uthaymin

ISBN: 9798894431048
Author: Shaykh Muhammad Bin Salih Al-Uthaymin
Publisher: Maktabatul-Irshad Publications
Binding: Paperback Description from the publisher:

Divorce refers to the termination of marriage revocable or irrevocably." By this, [I mean] that divorce can be an irreversible separation (Baynana Kubra) or a reversible separation (Baynfina Sughra). In the case of irreversible separation, a woman is completely separated from her husband and may not return to him unless after marrying another man. The reversible separation includes divorce cases where a woman is divorced one or two times (not three times as in irreversible separation) and may therefore return to her husband who is permitted to end the separation and take her as his wife once more.

Concerning zihar, it refers to a man's likening his wife to a woman [who is permanently and absolutely unlawful for him] intending by this to make his wife unlawful for him. This is like saying to her: "You are to me like my mother's back", "You are to me like my sister's back", or "You are to me like your mother's back", for a man's mother-inlaw is permanently unlawful for him. Still, if he says to his wife: "You are to me like your sister's back", this is not ?ihar according to the right view [since a man's sister-in-law is temporarily, not permanently, unlawful for him]. Some scholars maintain that even if he likens her to a woman who is temporarily unlawful for him, this is ?ihar, but this is not a correct view. The right view is that ?ihar.

Thus, the presence of a third person negates their being alone, but this third person must be sensible and vigilant enough so his presence can be a guard against temptation, or else evil would be done while he is unaware. This is why the third person cannot be a little child, even if he has developed some perception [i.e. as of seven years of age] as this is not enough to negate the meaning of "alone with her" unless he is an exceptionally smart child who is keenly aware of what goes on around him. Otherwise, a seven year old child is not enough, for the man can give him anything to play or stay busy with, and then he can say or do whatever he wants. Thus, there must be a third person in the company whose presence prevents evil.