Chapter On Kinds Of Divorce
Divorce is of two kinds (a) Innovative. (b) Traditional
Rule (1433) The innovative and heretical is the divorcing of a non-pregnant woman during her experiencing of menses or during the time of childbirth blood discharge while the husband is at home and present and is able to know her condition, or even if he is absent but is able to know her condition divorce her in one's absence without the ability to know her condition and before the passing of the specified period of time, divorcing during a menses free time in which sex is done, when she is not yet above the age of experiencing menses, or a minor or pregnant, divorcing a woman who is supposed to experience menses but is not experiencing before the passing of three months or divorcing three times either at once like one's saying," HIYA TALIQ THALATHAN," she is divorced three times, or successively like (Hiya Taliq, Hiya Taliq, Hiya Taliq,) all are void except the three times of which only one is valid and the rest is void.
Rule (1434) If a non-Shia divorces his wife in a (a) manner of divorcing, it is permissible to marry the woman divorced in this manner because of his holding himself bound by such divorcing contract. If he divorces her three times it becomes irrevocable for him and it is not permissible for him to revoke the divorce, however, if he becomes a Shia after divorce the rules applicable to a Shia apply to him also.
Rule (1435) The divorce according to Islamic tradition is of two kind: (a) Irrevocable and
(b) Revocable
(a) Is the divorce of a woman above the age of menstruating? 2 One below nine years of age.
3 One with whom no sex is done even in the back.
4 One who manages to get divorced by means of paying to husband in exchange for his divorcing her. 5 One who is divorced in (Mubarat), which is just like divorce for payment except that in this case dislike is from both sides when she still pays. 6 One who is divorced three times with twice assuming marital relations in between, even if it is by a new marriage contract, if she is free. Besides the above forms of divorce, is of the second (b) kind of divorce in which it is permissible for the husband to revoke the divorce and start marital relations.
Rule (1436) The kind of divorce in (1) with a waiting period on the part of the wife is the divorce by husband with the existence of all the necessary conditions, then he revokes it before she completes the specified waiting period and does sex and divorce her in another menses free time and divorces and revokes it and does sex and then divorces in her another menses-free time then she becomes unlawful for him in marriage until she marries another person and is divorced from him and is married to the first husband who then divorces her three times in the manner mentioned before, after which she becomes unlawful for him in marriage until she marries another man and when she marries another man and is divorced from him and is married to the first husband in the manner mentioned before for the ninth divorce she becomes unlawful for him in marriage forever if she is a free woman but if she is a slave girl after every two divorces she needs to be married to another man and for the sixth time she becomes unlawful for him in marriage forever. Besides this, is other forms of divorce not divorce of waiting period. If the divorce is not a divorce of waiting period, according to the well known view, the divorced woman does not become unlawful for marriage forever even if she is divorced more than nine times but this view is not free from objection, the precautionary rule should not be ignored, in fact her becoming unlawful for marriage forever, is not far from reality.
Rule (1437) A free woman after the third divorce becomes unlawful for marriage for the first husband in an absolute sense until she marries another man and a slave girl needs to be married to another man after every second divorce before she can marry the first husband.
Rule (1438) The traditional divorce is of different kinds: the traditional divorce in general which includes all kinds of divorce formed with the existence of all necessary conditions as opposed to innovative or heretical divorce, or as opposed to the traditional divorce with waiting period, the traditional divorce in which one revokes the divorce within the waiting period without sex and the traditional divorce in the special sense in which the husband does not revoke the divorce until the waiting period is over and then marries her.
Rule (1439) According to the well known view for the other husband after every third divorce whose marriage after being terminated with divorce makes it lawful for the first husband to marry her again, the existence of the following conditions are necessary: that he must be mature and performs sex, with semen discharge according to Ihtiyat after a valid marriage contract of permanent form. If any of these conditions is missing it is not lawful for the first husband to marry her but it is not free from objection in case of marriage of one about to become mature and sex in the back. Maintaining such condition is based on precautionary rules. Just as such marriage removes the effect of three divorces it also has the same effect on less than three divorces.
Rule (1444) If a woman is divorced and then she claims that it has taken place during her experiencing menses and the husband denies it, his words are accepted on oath and if the husband revokes the divorce and decides to resume marital relations and the wife claims to have completed her waiting period her words are accepted. If the completion of waiting period and his decision of resuming marital relations are known but it is not certain which one has taken place first, in which case the husband claims the decision of resuming marital relations to have taken place first and the wife claims it to be after the completion of waiting period his words are accepted, regardless, the date of the completion of waiting period is known and the date of the decision to revoke the divorce is unknown or vice verse or the date of both is unknown.