If the divorce actually took place and she remained with her family for a year, what is the ruling if he wants to take her back after this period?
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The questioner : If the divorce actually took place from him, meaning he intended the divorce and told her that she should stay with her family for a year, what is the ruling if he wants to take her back?
The Shaykh : The ruling is that if he set a time limit for her father to deliver this amount and the time limit ended without him delivering it, then the divorce takes place when this time limit ends, provided he specified this time limit, whether by condition, such as saying, "If you do not give me this before a month, or before a week, or something similar,"
The questioner : Yes.
The Shaykh : or by his intention, meaning he intended that if he is not given it within a month or something similar, then if this time limit that he specified by condition or intention passes, the divorce takes place. Then, if the waiting period ('iddah) is completed before he takes her back, she is divorced from him and she is not lawful for him except with a new marriage contract. However, if the waiting period has not been completed, she is lawful for him by taking her back, and he says, "I have taken back my wife so-and-so," and it is counted as one divorce. As for if he did not specify a time for her father to deliver the money, neither by condition nor by intention, then the divorce has not taken place up to now, because he did not specify, saying, "If you do not deliver it to me." And if he did not specify a time, it is considered delayed, and it is looked into until he is despaired of and it is known that he will not deliver it, in which case the divorce may take place.
The questioner : Yes, may Allah bless you.
The second question says.
The Shaykh : The ruling is that if he set a time limit for her father to deliver this amount and the time limit ended without him delivering it, then the divorce takes place when this time limit ends, provided he specified this time limit, whether by condition, such as saying, "If you do not give me this before a month, or before a week, or something similar,"
The questioner : Yes.
The Shaykh : or by his intention, meaning he intended that if he is not given it within a month or something similar, then if this time limit that he specified by condition or intention passes, the divorce takes place. Then, if the waiting period ('iddah) is completed before he takes her back, she is divorced from him and she is not lawful for him except with a new marriage contract. However, if the waiting period has not been completed, she is lawful for him by taking her back, and he says, "I have taken back my wife so-and-so," and it is counted as one divorce. As for if he did not specify a time for her father to deliver the money, neither by condition nor by intention, then the divorce has not taken place up to now, because he did not specify, saying, "If you do not deliver it to me." And if he did not specify a time, it is considered delayed, and it is looked into until he is despaired of and it is known that he will not deliver it, in which case the divorce may take place.
The questioner : Yes, may Allah bless you.
The second question says.