After my divorce, my husband went and learned this phrase: “Return to my protection according to the Sunnah of Allah and His Messenger.” What is your opinion?
Machine translationRead the Arabic original
The questioner:
She sent a case somewhat similar to the first case regarding divorce. She says that for reasons beyond our control, and due to interference from my family and the husband’s family, the divorce occurred between me and my husband. However, my husband arrived at a specific solution by reading a certain passage in one of the Islamic books. That solution is in the following phrase: “Return to my protection according to the Sunnah of Allah and His Messenger,” and that is with the testimony of Allah the Exalted alone upon us. This was done after a short period of reaching that conclusion. What is your opinion, Shaykh Salih, about what my husband has done? May Allah reward you with good.
The Shaykh:
This requires a distinction. If this divorce was less than three, and it was not on the basis of a compensation you took from him, and he took you back during the waiting period, then the taking back is valid, as the Exalted said:[Al-Baqarah 2:228]. However, if the taking back was after the waiting period had passed, or if the divorce was three, then this taking back is not valid, and you are not lawful for him. If he has completed the three, then you are not lawful for him until you marry another husband in a marriage of desire, and then that other husband divorces you of his own free will, desiring to part from you; in that case, there is no harm in you returning to him with a new contract. The Exalted said: No, [Al-Baqarah 2:230] meaning the third [Al-Baqarah 2:230]. So if you marry a husband other than him and he divorces you, there is no barrier to returning to him with a new contract. As for if the divorce was less than three and you have completed the waiting period, then he cannot take you back except with a new contract, and you do not need to marry another husband. This is called the lesser separation. This distinction is necessary, and we do not know the reality of the divorce that occurred on his part regarding you. Yes.
The presenter:
So is it required of them to do something specific to make their situation valid, Shaykh Salih?
The Shaykh:
He is required to ask the people of knowledge, and he is required to hasten to ask the people of knowledge, and explain to them the reality of the situation without concealing anything. And the people of knowledge, if Allah wills, will guide them to the correct path.
The presenter:
May Allah reward you with good. We notice that the questioner is the woman. What is your guidance, Shaykh Salih?
The Shaykh:
The woman is afraid for herself.
The presenter:
May Allah.
The Shaykh:
That this taking back is not valid, what is the right of this?
The presenter:
Okay, but what is upon the husband?
The Shaykh:
They must hasten, the husband and the wife, to hasten to ask the people of knowledge, and the wife must refrain from giving him access to her until he finds
She sent a case somewhat similar to the first case regarding divorce. She says that for reasons beyond our control, and due to interference from my family and the husband’s family, the divorce occurred between me and my husband. However, my husband arrived at a specific solution by reading a certain passage in one of the Islamic books. That solution is in the following phrase: “Return to my protection according to the Sunnah of Allah and His Messenger,” and that is with the testimony of Allah the Exalted alone upon us. This was done after a short period of reaching that conclusion. What is your opinion, Shaykh Salih, about what my husband has done? May Allah reward you with good.
The Shaykh:
This requires a distinction. If this divorce was less than three, and it was not on the basis of a compensation you took from him, and he took you back during the waiting period, then the taking back is valid, as the Exalted said:
And their husbands have more right to take them back in this [period] if they want reconciliation.
وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَٰلِكَ إِنْ أَرَادُوا إِصْلَاحًاAnd if he has divorced her
فَإِن طَلَّقَهَاshe is not lawful to him afterward until [after] she marries a husband other than him
فَلَا تَحِلُّ لَهُ مِن بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُThe presenter:
So is it required of them to do something specific to make their situation valid, Shaykh Salih?
The Shaykh:
He is required to ask the people of knowledge, and he is required to hasten to ask the people of knowledge, and explain to them the reality of the situation without concealing anything. And the people of knowledge, if Allah wills, will guide them to the correct path.
The presenter:
May Allah reward you with good. We notice that the questioner is the woman. What is your guidance, Shaykh Salih?
The Shaykh:
The woman is afraid for herself.
The presenter:
May Allah.
The Shaykh:
That this taking back is not valid, what is the right of this?
The presenter:
Okay, but what is upon the husband?
The Shaykh:
They must hasten, the husband and the wife, to hasten to ask the people of knowledge, and the wife must refrain from giving him access to her until he finds
Source
قناة «العلامة الدكتور صالح الفوزان»، بعد طلاقي، ذهب زوجي وتعلم هذه العبارة: عودي إلى عصمتي على سنة الله ورسوله، فما رأيكم؟ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.