If the bid'ah (religious innovation) divorce is forbidden, why does it take place?
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Question:
He says: Honorable Shaykh, may Allah grant you success. It is well known that the bid'ah (religious innovation) divorce is forbidden, but how does it take place if it is forbidden?
Answer:
Yes, it takes place even though it is forbidden. He commits a sin, and the sin is upon him. It is obligatory for him to take her back. The Messenger (peace and blessings be upon him) said, “Let him take her back.” Would the taking back not be from a divorce that has taken place? Yes. As for if the divorce had not taken place, he would not be ordered to take her back; she remains in his possession. Yes.
He says: Honorable Shaykh, may Allah grant you success. It is well known that the bid'ah (religious innovation) divorce is forbidden, but how does it take place if it is forbidden?
Answer:
Yes, it takes place even though it is forbidden. He commits a sin, and the sin is upon him. It is obligatory for him to take her back. The Messenger (peace and blessings be upon him) said, “Let him take her back.” Would the taking back not be from a divorce that has taken place? Yes. As for if the divorce had not taken place, he would not be ordered to take her back; she remains in his possession. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1983 -2802] إذا كان الطلاق البدعي محرما فلماذا يقع؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.