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Shiavault - a Vault of Shia Islamic Books Islamic Laws Divorce Issue 2507: * A man who divorces his wife must be adult and sane, but if a boy of ten years of age divorces his wife, precaution must be exercised. Similarly, a man should divorce of his own free will, therefore, if someone compels him to divorce his wife, that divorce will be void. It is also necessary that a man seriously intends to divorce; therefore, if he pronounces the formula of divorce jokingly, the divorce will not be valid.

Issue 2508: It is necessary that at the time of divorce, wife is Clean (tahir/pak) from Haidth and Nifas, and that the husband should not have had sexual intercourse with her during that period. Issue 2509: * It is valid to divorce a woman even if she is in Haidh or Nifas in the following circumstances: (i) If the husband has not had sexual intercourse with her after marriage. (ii) If it is known that she is pregnant.

And if this fact is not known and the husband divorces her during Haidh, and he comes to know later that she was pregnant, that divorce will be valid, and as a recommended precaution he should divorce her again. (iii) If due to the husband's absence or imprisonment, he is not able to ascertain whether or not she is Clean (tahir/pak) from Haidth or Nifas. But in this case, as an obligatory precaution, man must wait for at least one month after separation from his wife and then divorce.

Issue 2510: If a man thinks that his wife is Clean (tahir/pak) from Haidh and divorces her, but it transpires later that at the time of divorce she was in the state of Haidh, the divorce is void. And if he thinks that she is in the state of Haidh and divorces her, and it is later known that she was Clean (tahir/pak), the divorce is in order.

Issue 2511: * If a person who knows that his wife is in Haidh or Nifas, is separated from her, like when he proceeds on a journey, and wishes to divorce her, he should wait till such time when he becomes sure that his wife must have become Clean (tahir/pak) from her Haidh or Nifas. Thereafter, having known that she is Clean (tahir/pak), he can divorce her. And if he is in doubt he will act according to rule no. 2509 for precaution.