Issue 1232: A man who divorces his wife, should be sane and as an obligatory precaution, he should be an adult; however, a divorce by a discerning ten-year-old child is also valid; he should divorce his wife voluntarily and if he is coerced into divorcing his wife, that divorce will be void; he should also have the intention to divorce his wife and the divorce will not be valid if he pronounces the formula of divorce in jest; the divorce should take place in the presence of two just men.

Issue 1233: At the time of divorce, the wife should be pure from menstruation and after-birth bleeding, and her husband should not have indulged in intercourse with her in her state of cleanliness, or during the menstruation or after-birth bleeding before this state of cleanliness. These two conditions will be explained later.

Issue 1234: Divorcing a woman while having her menstrual period or after-birth bleeding is valid in three cases:

1- When her husband has not had intercourse with her after their marriage.

2- When she is pregnant; and if it is not certain whether she is pregnant, and the husband divorces her while menstruating, but later he comes to know that she has been pregnant, the divorce will be valid.

3- When it is difficult or impossible for the husband, due to his absence, to ascertain whether she is in the state of purity.

Issue 1235: If a man should have intercourse with his wife in her state of purity from menstruation and after-birth bleeding, and then he wishes to divorce her, he must wait until she has her period and becomes pure gain; but if after having intercourse he should wish to divorce a woman who has not reached puberty or one who is pregnant, the divorce will be valid. The same applies to a menopausal woman, that is, a woman of more than sixty lunar years of age if she is Sayyidah (of the descendants of the Holy Prophet) and one of more than fifty lunar years of age if she is not Sayyidah.

Issue 1236: The formula of divorce must be pronounced in correct Arabic and two just men must hear it; and if the husband himself should wish to pronounce the formula of divorce and his wife's name is, for example, Fatima, he must say, “Zawjatee Fatimatu taaliqun” (i.e. my wife, Fatima, is free), and if he should authorize another person to represent him, the representative should say, “Zawjatu muwakkilee Fatimatu taaliqun” (i.e. the wife of my representee, Fatima, is free).

Q1237: If a man divorces his wife without the real intention of doing so, but so that she can take the advantage of that status as a legal means for obtaining certain benefits, for example, to obtain a piece of land from her employers, then will such a divorce be religiously valid?

A: In divorce, there exists the condition of intent on the part of the divorcer, otherwise, if it is done without a real intention, (e.g. as a jest or simply as a formality), then the divorce will not take place.

Q1238: If there exists no just man in a city, and a couple has agreed on divorce, and that has no choice but divorce, what is to be done? The verdict on divorce issued by Sunnite jurists is such that the person executing the divorce asks the husband in Persian, “did you triply divorce your wife?”, and he then answers in Persian, “yes”. How does this work?

A: Since in divorce, in addition to other conditions, the presence of two just men is necessary, they have to go to other cities where they may find two just men to witness their divorce. As for the second part of your question, a Shiite is not allowed to divorce his wife as the Sunnite do. However, we consider the divorces which take place among the Sunnite themselves as valid divorces.

Q1239: How is the justness of the two men whose presence is viewed as necessary in the procedure of divorce proven? Should the divorcer and the two just witnesses know one another? Should the two just witnesses be clergymen?

A: The proof of their justness is obtained in their refined appearance, or through having had prior association with them. It is not necessary for the divorcer and the two just witnesses to know one another, and it will suffice if the divorcer just knows that he is divorcing his wife at the presence of two just characters, even though they may not be identifiable among other present people, this is why at times the executors of divorce carryout its procedures in religious assemblies and among the lines of congregational prayers so that it will be certain that, at least, there exist two just men in such communities. It is not necessary that these two just men should be clergymen.

Q1240: In the notary public offices of Sunnis, they will divorce Shiite clients too, and it is not clear whether this is done according to the Shiite formula, or the Sunni formula; what is our duty?

A: If a Shiite man divorces his wife according to the Sunni custom, the divorce is void and the wife remains in her status, but if the husband is Sunni and his wife albeit being Shiite is divorced, the divorce stands as valid.