مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٥٢٦ - DIVORCE
if he thinks that she is in the state of menses and divorces her. and it
is known later that she was pure, the divorce is in order.
٢٥١١. If a person who knows that his wife is in
menses or lochia disappears for example if he proceeds on a journey and
wishes to divorce her, he should wait tillthe time women are usually
purified of menses or lochia and then divorce her.
٢٥١٢. If a man who is absent wishes to divorce
his wife and can acquire information as to whether or not his wife is in
the state of menses or lochia. although hisinformation may be in the
light of her habit of menses or other signs prescribed in law, he should
wait WI the time women are usually purified of menses or lochia.
٢٥١٣. If a man has sexual intercourse with his
wife who is pure of menses and lochia and then wishes to divorce her he
should wait till she has menstrual dischargeagain and is purified.
However, there is no harm if a woman, who has not completed nine years
of her age or is pregnant, is divorced after sexual intercourse. And the
sameorder applies if the woman is menopause (Yaisa). For details see
Article ٤٤١).
٢٥١٤. If a person has sexual intercourse with a
woman who is pure of the blood of menses and lochia and divorces her
during the same purity but it transpires laterthat she was pregnant at
the time of divorce, he should, on the basis of obligatory pre caution
divorce her again.
٢٥١٥. If a person has sexual intercourse with
his wife who is pure of menses and lochia blood, and then proceeds on a
journey and wishes to divorce her while journeying, he should wait for
as much time as the woman usually takes for menstrual discharge and
becomes pure once again after that purity, and the obligatory precaution
is that this period should not be less than one month.
٢٥١٦. If a man wishes to divorce his wife who does not have menstrual discharge by nature or because of some ailment, he