format_quote Originally Posted by
markislam
yes i did get a divorce but that was islamic divorce i have to stay till she finishes college due to legal reasons :(
format_quote Originally Posted by
Gossamer skye
:sl:
can you be Islamically divorced and still share a roof with her? I don't know.. ...and Allah swt knows best
About Mark's case,,, Though situation in following Ahadees is NOT exactly the same, but still, following Ahadees give a
precedent of living under one roof
after divorce... till Iddat is complete...
Bukhari:7:63:244 & 248...... Bukhari:9:89:274:
Sahih Muslim:9:3473-4-5-7-9, 3480-1-3-4 etc:
In above Ahadees, staying under one roof
without "coming close" was
to fulfill a legal requirement of Iddah..... Now in my personal worthless generalization, if forced, same can be done
to fulfil any other legal requirement, like that of country's law... But keep it to as short as possible...!!!
Again I am not passing any shariah law here... Just giving example of staying under one roof after divorce, under Prophet's command...
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Sahih Bukhari
7:63:244.Narated By Qasim : Ursa said to 'Aisha, "Do you know so-and-so, the daughter of Al-Hakam? Her husband divorced her irrevocably and she left (her husband's house)." 'Aisha said, "What a bad thing she has done!" 'Ursa said (to 'Aisha), "Haven't you heard the statement of Fatima?" 'Aisha replied, "It is not in her favour to mention." 'Ursa added, 'Aisha reproached (Fatima) severely and said, "Fatima was in a lonely place, and she was proned to danger, so the Prophet allowed her (to go out of her husband's house)."
7:63:248.Narated By Al-Hasan : The sister of Ma'qil bin Yasar was married to a man and then that man divorced her and remained away from her till her period of the 'Iddah expired. Then he demanded for her hand in marriage, but Ma'qil got angry out of pride and haughtiness and said, "He kept away from her when he could still retain her, and now he demands her hand again?" So Ma'qil disagreed to remarry her to him. Then Allah revealed: 'When you have divorced women and they have fulfilled the term of their prescribed period, do not prevent them from marrying their (former) husbands.' (2.232) So the Prophet sent for Ma'qil and recited to him (Allah's order) and consequently Ma'qil gave up his pride and haughtiness and yielded to Allah's order.
9:89:274.Narated By 'Abdullah bin 'Umar : That he had divorced his wife during her menses. 'Umar mentioned that to the Prophet. Allah's Apostle became angry and said, "He must take her back (his wife) and keep her with him till she becomes clean from her menses and then to wait till she gets her next period and becomes clean again from it and only then, if he wants to divorce her, he may do so."
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Sahih Muslim
9:3473.
Chapter : It is forbidden to divorce the woman during her menses.
Ibn 'Umar (Allah be pleased with them) reported that he divorced his wife while she was menstruating during the lifetime of Allah's Messenger (may peace be upon him). 'Umar b. Khattib (Allah be pleased with him) asked Allah's Messenger (may peace be upon him) about it, whereupon Allah's Messenger (may peace be upon him) said: Command him ('Abdullah b. 'Umar) to take her back (and keep her) and pronounce divorce when she is purified and she again enters the period of menstruation and she is again purified (after passing the period of menses), and then if he so desires he may keep her and if he desires divorce her (finally) before touching her (without having an intercourse with her), for that is the period of waiting ('idda) which God, the Exalted and Glorious, has commanded for the divorce of women.
9:3474
Abdullah (b. 'Umar) reported that he divorced a wife of his with the pronouncement of one divorce during the period of menstruation. Allah's Messenger (may peace be upon him) commanded him to take her back and keep her until she was purified, and then she entered the period of menses in his (house) for the second time. And he should wait until she was purified of her menses. And then if he would decide to divorce her, he should do so when she was purified before having a sexual intercourse with her; for that was the 'Idda which Allah had commanded for the divorce of women. Ibn Rumh in his narration made this addition: When 'Abdullah was asked about it, he said to one of them: If you have divorced your wife with one pronouncement or two (then you can take her back), for Allah's Messenger (may peace be upon him) commanded me to do it; but if you have divorced her with three pronouncements, then she is forbidden for you until she married another husband, and you disobeyed Allah in regard to the divorce of your wife what He had commanded you. (Muslim said: The word "one divorce" used by laith is good.)
9:3475
Ibn Umar (Allah be pleased with them) reported: I divorced my wife during the lifetime of Allah's Messenger (may peace be upon him) when she was in the state of menses. 'Umar (Allah be pleased with him) made a mention of it to Allah's Messenger (may peace be upon him), whereupon he said: Command him to take her back and leave her (in that state) until she is purified. Then (let her) enter the period of second menses, and when she is purified, then divorce her (finally) before having a sexual intercourse with her, or retain her (finally). That is the 'Idda (the prescribed period) which Allah commanded (to be kept in view) while divorcing the women. 'Ubaidullah reported: I said to Nafi': What became of that divorce (pronounced within 'Idda)? He said: It was as one which she counted.
9:3477
Ibn 'Umar (Allah be pleased with them) reported that he divorced his wife during the period of menses. 'Umar (Allah be pleased with him) asked Allah's Apostle (may peace be upon him), and he commanded him ('Abdullah b. 'Umar) to have her back and then allow her respite until she enters the period of the second menses, and then allow her respite until she is purified, then divorce her (finally) before touching her (having a sexual intercourse with her), for that is the prescribed period which Allah commanded (to be kept in view) for divorcing the women. When Ibn 'Umar (Allah be pleased with them) was asked about the person who divorces his wife in the state of menses, he said: If you pronounced one divorce or two, Allah's Messenger (may peace be upon him) had commanded him to take her back, and then allow her respite until she enters the period of the second menses, and then allow her respite until she is purified, and then divorce her (finally) before touching her (having a sexual intercourse with her); and if you have pronounced (three divorces at one and the same time) you have in fact disobeyed your Lord with regard to what He commanded you about divorcing your wife. But she is however (finally separated from you).
9:3478
Abdullah b. 'Umar (Allah be pleased with them) reported: I divorced my wife while she was in the state of menses. 'Umar (Allah be pleased with him) made mention of it to Allah's Apostle (may peace be upon him) and he was enraged and he said: Command him to take her back until she enters the second ensuing menses other than the one in which he divorced her and in case he deems proper to divorce her, he should pronounce divorce (finally) before touching her (in the period) when she is purified of her menses, and that is the prescribed period in regard to divorce as Allah has commanded. 'Abdullah made a pronouncement of one divorce and it was counted in case of divorce. 'Abdullah took her back as Allah's Messenger (may peace be upon him) had commanded him. A hadith like this was reported on the authority of Zuhri with the same chain of narrators. Ibn Umar (Allah be pleased with them), however, said: I took her back, and counted this pronouncement of divorce (as valid) with which I divorced her.
9:3479
Ibn 'Umar (Allah be pleased with them) reported that he divorced his wife while she was in the state of menses. 'Umar (Allah be pleased with him) made mention of it to Allah's Apostle (may peace be upon him) and he said: Command him to take her back, then divorce her when she is pure or she is pregnant.
9:3480
Ibn 'Umar (Allah be pleased with them) reported that he divorced his wife while she was in her menses. 'Umar (Allah be pleased with him) asked Allah's Apostle (may peace be upon him) about that, and he said: Command him to take her back until she is pure and then she enters the second menses and then becomes pure. Then either divorce her (finally) or retain her.
9:3481
Ibn Sirin reported: One who was blameless (as a narrator) narrated to me for twenty years that Ibn 'Umar (Allah be pleased with him) pronounced three divorces to his wife while she was in the state of menses. He was commanded to take her back. I neither blamed them (the narrators) nor recognised the hadith (to be perfectly genuine) until I met Abu Ghallab Yunus b. Jubair al-Bahili and he was very authentic, and he narrated to me that he had asked Ibn 'Umar (Allah be pleased with there) and he narrated it to him that he made one pronouncement of divorce to his wife as she was in the state of menses, but he was commanded to take her back. I said: Was it counted (as one pronouncement)?He said: Why not, was I helpless or foolish?
9:3483
Ayyub reported a hadith like this with the same chain of narrators and he said: Umar (Allah be pleased with him) asked Allah's Apostle (may peace be upon him) about it and he commanded him that he should take her back until she is divorced in the state of purity without having a sexual intercourse with her, and said: Divorce her in the beginning of her 'Idda or her 'Idda commences.
9:3484
Yunus b. Jubair reported: I said to Ibn 'Umar (Allah be pleased with them): A person divorced his wife while she was in the state of menses, whereupon he said: Do you know 'Abdullah b. Umar (Allah be pleased with them), for he divorced his wife in the state of menses. 'Umar (Allah be pleased with him) came to Allah's Apostle (may peace be upon him) and asked him, and he (the Holy Prophet) commanded him that he should take her back, and she started her 'Idda. I said to him: When a person divorces his wife, and she is in the state of menses, should that pronouncement of divorce be counted? He said: Why not, was he hopeless or foolish?