مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم

نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 525

DIVORCE

2507. The man who divorces his wife must be adult and sane and should divorce her of his own free will. Hence, it he is forced to divorce her, the divorce will bevoid. It is also necessary that the man has an intention of divorcing her. If, therefore, he pronounces the formula of divorce only in jest, the divorce is not valid.
2508. It is necessary that when a woman is divorced she should be free from menses and lochia. It is also necessary that her husband should not have had sexualintercourse with her during the period of her purity. The details of these two conditions will be given in the succeeding Articles.
2509. It is valid to divorce a woman even if she is in menses and lochia in the following three circumstances:
(i) The husband has not had sexual intercourse withher after marriage.
(ii) It may be known that she is pregnant. In case, however, this fact is not known and the husband divorces her during menses, and comes to know laterthat she was pregnant, the obligatory precaution is that he should divorce her again.
(iii) On account of the husbands being absent or under imprisonment, he may not be ableto ascertain whether or not she is pure of menses or lochia.
2510. If a man thinks that his wife has been purified of menses and divorces her, but it transpires later that at the time of divorce she was in the state ofmenses, the divorce is void. And

نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 525

فرمت PDF

شناسنامه

فهرست