About N.Brothers / About us / Sign Guest Book / View Guest Book / Advertise

ABOUT DIVORCE BEFORE ARRIVAL OF THE BRIDE AT THE BRIDEGROOM'S HOUSE

1 : If the woman has not arrived at the house of her husband as a bride or arrival has taken place but they had not been together in the same type of privacy as has been mentioned in the subjects of Maih'ar. So, if such a woman is divorced by his husband then it will be a Talaq-e-Bayyan (distinct divorce) whether it has been dine in clear words or in ambiguous words; in every case it will be a 'distinct divorce (Talaq-e-Bayyin). And there is no Iddat (probationary period) for such a woman. She can marry any man after divorce; and the husband does not have a right to divorce. If at the very first time he says that he is giving divorce twice or thrice, then the same number of divorces will become valid. But after being divorce thrice at a time, they cannot marry each other once again without 'Hala'la' (marriage and sexual intercourse with another person). But is he says that he is giving her Talaq ! Talaq ! (divorce ! divorce ! ); then also it will be counted as one Talaq (divorce). And, if after arrival at husband's house, she has sexual intercourse with her husband or had such a privacy with her husband as mentioned above, then tell Talaqs (divorces) form one to three -- which have been given, will be taken as valid. Here the rule as applied is that in case of the word 'Talaq' (divorce) being said less than three times, one can return to such a woman without re-marriage. But after getting the Talaq (divorce) thrice at a time, the woman after being Mughalliza (severely divorced) will turn compulsorily out of marriage.

ABOUT PRONOUNCING THREE DIVORCES (TALAQS)

1: (After three Talaq) if (a woman) wants to live with the same man and to remarry him, then there is only one way out, that is, first after marrying some other man, she should have sexual intercourse with him, dan when that second man dies or pronounces Talaq, then after passing the Iddat (probationary period) she cane marry the first husband. She cannot marry her first husband without having a second husband. If she marries another man, but he died before committing sexual intercourse or divorced before committing sexual intercourse, then that is not considerable; she can not remarry her first husband without having committed sexual intercourse with her second husband. Remarriage with the first husband without it is not permissible--one should clearly note it.

2 : If a woman is given in marriage to another man on condition that he (the second husband) will divorce her later on, then this confession or promise is not considerable. He (the second husband) has a right to leave her or keep her at his will; and to perform 'Nikah' with any promise is a sin and it is prohibited. Such a person invites curse from Allah; but if such a 'Nikah' is performed, then after this if the second husband leaves her after committing sexual intercourse or dies, then she will become valid for the first husband.

ABOUT DIVORCE (TALAQ) ON SOME CONDITIONS

1 : If someone told his wife that if menses starts, she be divorced. After this he saw blood, then any decision will not be taken about Talaq, unless it bleeds for the three day and nights. Only after the completion of three days and nights, it will be decided that the divorce is valid form the moment the menses started. But if someone had said that his wife be divorced at one menses, then the Talaq (divorce) will become valid after the completion of one menses.

ABOUT REJOINING (RAJAAT) IN REVOCABLE DIVORCE (TALAQ-E-RAJAIE)

1 : One method of rejoining is also that one says nothing in words but commits sexual intercourse or kisses or embraces her with sexual passion. In all these state of affairs, she become his wife again and there is no need of re-marriage.

2 : The woman who has menses, has three monthly courses as the period of her Iddat (probationary period). When the three monthly course have passed, it means her Iddat (probationary period) has been complete. When this state of affair comes to light, then it is to be kept in mind that if the third monthly course has lasted for full three days, then period of Iddat is over with the completion of full ten days and the right of the men of retain her will also cease to exist whether the woman has taken bath or not, because this is not considerable. If the third menses lasted for less then ten days and then stopped, but the woman has neither taken bath as yet nor any 'Salat' has become due on her, then the right of the man on her is yet intact. Even now she can be retained as wife, If he turns back from his resolve. But if she takes bath as the bleeding stops or dies not take bath but the time of one obligatory 'Salat' is passed, that is on obligatory Salat becomes due on her, then the right of the man to retain her is forfeited. Now she can not be kept without Nailah.

3 : The woman with whom sexual intercourse has not been done by her husband, in spite of privacy pronouncement of only one Talaq takes from him the right to retain her as wife, because this Talaq is distinct (Bayyin) divorce. This rule has to be kept perfectly in mind.

4 : If both (husband and wife) remained together in privacy, but the husband claims not to commits sexual intercourse and after this claim, divorced her, then he forfeits his right to turn back from divorce.

ABOUT TAKING OATH OF NOT GOING TO WIFE

1 : One who vows and says that by Allah he will not commits sexual intercourse or says by Allah, he will never commits sexual intercourse with her or says that he vows that he will not commits sexual intercourse with her or says the same thing in any other way, then the rule is, that, if he does not commit sexual intercourse, then after passage of four months, Talaq-e-Beyyin (distinct divorce) will become effective on the woman. Now they can not live like husband and wife without 'Nikah' or remarriage. But if he breaks his oath before the expire of four months and committed sexual intercourse, then Talaq will be not effective, but he will have to pay expiation for breach of oath. Such an oath is called 'Eila' in 'shari'ah'.

2 : If one vows not for ever (for committing sexual intercourse with his wife) but only for four months and says that by Allah he will not commit sexual intercourse with her for four months, then the purpose of 'Eila' is served. The rule for this also is that if he commits no sexual intercourse for four months, then talaq-e-Bayyin (distinctive divorce) becomes effective; and if he commits sexual intercourse before the expiry of four months, then he will have to pay expiation for that. The description of expiation of oath will come later.

3 : If one vows for a period less then four months, then it is not considerable. If he vows even a day less than four months, then 'Eila' will not be effective. But of course, if the commits sexual intercourse before the period for which the oath was taken, then he will have to pay expiation for breaching his oath; and if he has not committed sexual intercourse, then divorce will not becomes effective and his oath will also be fufilled.

4 : If one vows only for four months and then does not break his oath, then after the expiry of four months, divorce will become effective, and and if after divorce, remarriage takes place with the same man, and after this 'Nikah' (marriage) he dose not commit sexual intercourse, then there is no harm and nothing will happen now. And if he vows for ever, as he says that by Allah will not have sexual intercourse with her or says that by Allah he will never indulge in sexual intercourse with her, then did not break his oath, and divorce will become effective after four months. If he marries her for the third time, then same rule will apply. If he does not commit sexual intercourse even after this marriage, then the third divorce will become effective. Now remarriage is not permissible without her marriage with a second man. If he would have committed sexual intercourse after second or third divorce, then the oath had been broken and then divorce would have never been effective. Only expiation for the breach of oath would have to paid.

5 : Similarly, If during all the three 'Nikahs' one after another three Talaq become effective, then if the women marries another man and after being left by him, and having completed her Iddat (probationary period) she marries again her former husband and again he does not commits sexual intercourse, then a Talaq will not become effective; no matter how long he abstains from sexual intercourse. But whenever he commits sexual intercourse, he will have to pay expiation for his broken oath. because he had vowed that he would never indulge in sexual intercourse; and that oath is now broken.

6 : if a man pronounces distinct divorce (Talaq-e-Bayyin) to his wife and then vows not to commit sexual intercourse with her, then 'Eila' does not become effective. Now if after remarriage, he abstains from sexual intercourse, then the 'Talaq' will not become effective. But whenever he commits sexual intercourse, he will have pay expiation for breach of oath. If after pronouncing Talaq-e-Rajiae (revocable divorce), he vows like that before the period of 'Iddat' (probationary period) is over, then 'Eila' become effective. If he now rejoins his wife but abstains from sexual intercourse, then after four months, Talaq will become effective; and if he commits sexual intercourse, then he will have to pay expiation for breach if oath.

7 : If one does not swear by Allah but says that if he commits sexual intercourse with her, then she be divorced, then also 'Eila' becomes perfect. If he now commits sexual intercourse, then Talaq-e-Rajaie will become effective, nut expiation for breach of oath will not given. And if he abstains from sexual intercourse, then after four months, Talaq-e-Bayyin) will become effective. If he says that in case of sexual intercourse, one Hajj (pilgrimage of Mecca) or one Saum (fast) or alms of one rupee or one Qurbani (sacrifice of animals during Hajj) as due on him, then in all these conditions, 'Eila' becomes perfect. If he now commits sexual intercourse, then he will have to fulfill his  pronouncements, but will not have to pay expiation for that, and if he abstains from sexual intercourse then Talaq ( divorce) becomes effective after four months.

ABOUT CALLING WIFE EQUIVALENT TO MOTHER (ZEHAR)

1 : If someone said to his wife that she is equal to his mother or to him she is equal to mother or now she is to him like his mother, hen one should try to arrive at the meaning of these words. If these words carry the meaning that she is equal to his mother in esteem or age or appearance, then it is immaterial, Similarly, if he said all these things without any intention and uttered these words aimlessly, then also there is no harm. But if he meant divorce then one Talaq-e-Bayyin (distinct divorce) becomes effective. But in he meant neither divorce nor had the intention to leave his wife, but he simply meant that although she is his wife and he does not want separation form her, but from now on he will not commit sexual intercourse with her and make sexual intercourse prohibited for himself; and now her rights are reduced to food and cloth only; and in short, he does not want to divorce her, but thinks this act as prohibited, then in 'Shari'ah' this act is called 'Zehar' (elevation of one's wife to the supposed status of one's mother or sister' ect). In such a case, the religious injunction is that the woman will remain in his marriage, but unless the man pay expiation, he can neither commit sexual intercourse, nor can he embrace her with sexual passion, nor can kiss her. All such acts are prohibited for him. That woman will remain prohibited for him unless expiation is paid, no matter how many years are passed. When the man pays expiation, they cane live as husband and wife. They need no re-marriage. The expiation for this the same as for the breach of 'Saum.

2: If the husband commits sexual intercourse with her before expiation is paid, then it is a major sin and he should repent and pray Allah for His Forgiveness and should now resolve firmly not to indulge in sexual intercourse with her without paying expiation and the woman should not allow her husband to come hear her unless expiation paid.

3 : The religious injunction is the same; if the husband said that his wife was equal to his sister or daughter or paternal aunt or any such woman with which marriage is forbidden for ever.

4 : If the husband said that his wife was like a swine, then if he had an intent for divorce, then divorce become effective; but if he told this with the intent of 'Zehar', that is he had and intent not to divorce but only to make sexual intercourse forbidden for himself, then it is of no account. In the same way, if he had no intent for anything, then also it is immaterial.

5 : If during 'Zehar' the husband abstained for sexual intercourse nor paid expiation, it would neither be divorce nor 'Eila'.

6 : Unless the expiation is paid, he is not forbidden form looking or talking with his wife, but, of course, looking at the private parts is not permissible for the husband in such a case.

7 : If 'Zehar' is not intended for ever, but it was for a specified period, say for one year or four months, then zehar will last for the specified period. If he wants to commit sexual intercourse within that period, he will have to pay expiation; but if he commits sexual intercourse after the prescribed period then he has to pay nothing and the woman will become lawful and valid.

8 : In case of 'Zehar' also, if he hastily said : Insha-Allah ( if Allah-willing) then nothing happend.

9 : A minor or an insane person cannot exercise 'Zehar'. If such a person does so, it is immaterial. In the same way, if 'Zehar' is exercised for a woman who has not yet come into his marriage, then also it is of no account. Nikah (marriage) with such a woman is quite permissible.

 10: If the words of 'Zehar' have been repeated several time; for example, he says twice or thrice that she is equal to his mother; then he will have to pay expiation for the number of times he said so. But if by uttering the words of 'Zehar' twice of thrice he just wanted to make it firm and no fresh 'zehar' was intended, then only one 'zehar' is enough.

11: If the husband said so to several woman, then he has to pay expiation for as many wives as he has with him.

12: If the word 'equal' or 'like' has not been spoken, but the man directly tells that 'she is his mother' or 'sister' then it is not immaterial. The woman does not become forbidden for him, but to utter such words is bad and sinful, in the same way it is also bad to address his wife as his sister, but saying so is quite immaterial.

13: If someone says that if he keeps her, then it is to keep his mother, of if he says that to commit sexual intercourse with her is to so with his mother, then it is immaterial.

14: If someone tells his wife that she is forbidden for him like his mother, then if these words are uttered with the intention for divorce, then Talatq (divorce) will become effective or if this is said with the intention of 'Zehar' or with no intention at all. then 'Zehar' will become effective. Now it is the proper way to commit sexual intercourse after paying expiation.

ABOUT EXPIATION (KAFFARAH)

1 : Expiation of 'Zehar' is the same as for breach of 'Saum' (fast). there is no difference at all. Such rules have been mentioned in the subject 'About Saum'. Here we mention some things which could not be discussed here.

2 : If the husband has the strength, he should keep sixty fasts (Saum) in succession without a gap, and should not commit sexual intercourse unless these 'Saums' are completed. If he commits sexual intercourse with the woman, then he will have to keep the same number of fast again, whether sexual intercourse with that woman has been committed during the day or night or intentionally or otherwise, the same rule will apply.

3 : If one starts keeping fasts (Saum) from the first of the month, then he should keep fasts for the two successive (Lunar) months or for full fifty days and whether the (Lunar) month be of thirty days or short by one day; in both ways re-compensation would be met; and if the fasts have not been started form the month, then he is bound to keep sixty successive fasts.

4 : If sixty successive fasts are beyond the strength of the person, then he should give two meals to sixty Faqirs (poor-men) for sixty days or give food grains in the same quantity. If before completing the quota of feeding the Faqirs (poor-men_ he commits sexual intercourse, then he committed sin no doubt but re-compensation will not have to be repeated.

5 : If one had two re-compensations of 'Zehar' due on him and he gave four kg, of wheat to each of the sixty Faqirs and thought that he gave two kg. of wheat to each person for one 'Zehar' and hence both re-compensations are met, then also only one re-compensations is met; he should have to give another re-compensations again. But if one re-compensations was for breach of Saum and another for 'Zehar'; then both were met.

LE'AN (ALLEGATION OF ADULTERY)

1 : If a husband accuses his wife of adultery or says about the new-born child to be not from him, then the religious injunction is that the woman accused should file a complaint with the Qazi ( Judge) or any religious authority. Bow the authority should call both of them and first ask the husband to say four times that by Allah, his allegation against his wife is quite true; and the fifth time he should say that Curse of Allah be upon him. if he is untrue. Then the accused (woman) should say four times that she says by making Allah witness that the allegation made against her (by her husband) is false; and the fifth time that if he (her husband) is true in his allegation, then Curse of Allah be on her. When both of them take oath like that, the legal authority will order separation between them and Talaq-e-Bayyin (distinct divorce) will become effective. Now the child will not be treated as form the husband and will be given over to the woman. In 'Shari'ah' this mutual cursing by a couple in a law-court in a case of adultery is called 'Le'an' (Slander).

Red text sign is Qur'anic Verses or Prayers and Blue Text is sign Roman English, Green text Traditions of the Holy Prophet Muhammad (peace be upon him)