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Shiavault - a Vault of Shia Islamic Books A Summary of Rulings The Rules of Divorce Issue 861: It is conditional that the man who divorces his wife be sane and the obligatory precaution is that he be mature (Baaligh) and that his divorce be of his own volition without compulsion. Thus, the forced divorce is invalid. (It is conditional) that his intention be serious also. According to this, then, it is not proper to utter the Seeghah of divorce in jest.

Issue 862: It is obligatory, according to obligatory precaution, that the Seeghah of divorce be performed in correct 'Arabic and it is obligatory that two just men hear it.

When the husband himself desires to divorce, he states the Seeghah of divorce and mentions the name of his wife, for example he says: زَوْجِتي فَاطِمَةُ طَالقُ My wife Fatimah is divorced When he appoints a person (to perform the divorce as his representative), it is obligatory that the representative (Wakeel) say: زَوْجَتةُ مُوُكّلي طَالقُ The wife of the person I represent is divorced Issue 863: It is conditional that the woman at the time of her divorce be free of menstruation and afterbirth bleeding and her husband has not had intercourse with her in that period of purity (i.e., when she is free of bleeding).

If he had intercourse with her in the state of menstruation or afterbirth bleeding which has preceded this period of purity, the divorce is not sufficient according to precaution. Rather, it is obligatory that he wait until she menstruates another time, then, becomes pure (the explanation of these two conditions is forthcoming in the upcoming issue).

Issue 864: It is proper to divorce the wife in the state of menstruation and afterbirth bleeding in three situations: When her husband has not had intercourse with her after marriage, without exception. When she is pregnant. When the woman is absent and it is not possible for the man or it is difficult for him to be aware of the state of purity of his wife.

Issue 865: When he imagined the purity of his wife from menstruation and divorced her, then, he became aware that at the time of the divorce she was in the state of menstruation, his divorce is invalid. In the reverse of that, when he imagined that she was in the state of menstruation and he divorced her with that, then, it became clear that she was pure in that time, the divorce is proper.