Explanation of The Book of DIVORCE Set of 3 Volunes by Shaukh Muhammad bin Salih al-Uthaymin (RA)
Part-1
Divorce refers to the termination of marriage revocable or irrevocably." By this, [I mean that divorce can be an irreversible separation (Baynüna Kubrä) or a reversible separation (Baynuna Sughra). In the case of irreversible separation, a woman is completely separated from her husband and may not return to him unless after marrying another man. The reversible separation includes divorce cases where a woman is divorced one or two times (not three times as in irreversible separation) and may therefore return to her husband who is termitted to end the separation and take ter as he wite once more.
P/B
Pages 230
Part-2
Concerning Zihãr, it refers to a man's likening his wife to a woman [who is permanently and absolutely unlawful for him intending by this to make his wife unlawful for him. This is like saying to her:
"You are to me like my mother's back",
"You are to me like my sister's back", or
"You are to me like your mother's back", for a man's mother-inlaw is permanently unlawful for him. Still, if he says to his wife:
You are to me likeyour sister's back , this is not Zihär according to the right view [since a man's sister-in-law is temporarily, not permanently, unlawful for him]. Some scholars maintain that even if he likens her to a woman who is temporarily unlawful for him, this is Zihãr, but this is not a correct view. The right view is that Zihãr
P/B
Pages 236
Part-3
Thus, the presence of a third person negates their being alone, but this third person must be sensible and vigilant enough so his presence can be a guard against temptation, or else evil would be done while he is unaware. This is why the third person cannot be a little child, even if he has developed some perception [i.e. as of seven years of age] as this is not enough to negate the meaning of "alone with her" unless he is an exceptionally smart child who is keenly aware of what goes on around him.
Otherwise, a seven year old child is not enough, for the man can give him anything to play or stay busy with, and then he can say or do whatever he wants. Thus, there must be a third person in the company whose presence prevents evil.
P/B
Pages 236
