What is the ruling on taking back a wife after khul' (divorce at the wife's request for compensation) and after years of divorce?
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The questioner : This questioner says: A man’s wife went to her parents’ house and refused to return, and her family demanded a divorce.
The Shaykh : Did they demand it, or did she demand it?
The questioner : No, they demanded it from him.
The Shaykh : Do I say "alif" or not?
The questioner : No, I am present. He is at the highest level in the world. And he wrote his request.
The Shaykh : Your Eminence.
The questioner : For a divorce.
The Shaykh : On the confusion of the krof by the narrator.
The questioner : And they paid twenty thousand on the condition that he divorce her, so he divorced her with one pronouncement. After the divorce was written, he was asked, “Why did you not divorce her except with one pronouncement?” He said, “She is divorced thirty times.” Is it permissible to take her back after four years have passed since the divorce occurred? And may Allah reward you with good.
The Shaykh : I think the issue is clear to you. This is a man whose wife sought divorce from him, and in the end, the wife obtained a khul' (divorce at the wife's request for compensation). That is, she gave him compensation in order for him to separate from her. He actually separated from her, but he separated from her and divorced her with one pronouncement. When he was asked why he did not divorce her more than once, he said, "She is divorced thirty times."
Yes, but the final divorce does not catch up with her. The reason for this is that it occurred while she was in a state of final separation from him. When a woman offers compensation to her husband in order for him to separate from her, she gains control of herself and is separated from him. However, as the scholars say, it is a minor final separation, meaning that she becomes lawful for him again through a new contract. Therefore, we say to the brother questioner: Your wife is now lawful for you if you wish to contract a new marriage with her with a new mahr (bridal gift). There is no blame on you in this.
The Shaykh : Did they demand it, or did she demand it?
The questioner : No, they demanded it from him.
The Shaykh : Do I say "alif" or not?
The questioner : No, I am present. He is at the highest level in the world. And he wrote his request.
The Shaykh : Your Eminence.
The questioner : For a divorce.
The Shaykh : On the confusion of the krof by the narrator.
The questioner : And they paid twenty thousand on the condition that he divorce her, so he divorced her with one pronouncement. After the divorce was written, he was asked, “Why did you not divorce her except with one pronouncement?” He said, “She is divorced thirty times.” Is it permissible to take her back after four years have passed since the divorce occurred? And may Allah reward you with good.
The Shaykh : I think the issue is clear to you. This is a man whose wife sought divorce from him, and in the end, the wife obtained a khul' (divorce at the wife's request for compensation). That is, she gave him compensation in order for him to separate from her. He actually separated from her, but he separated from her and divorced her with one pronouncement. When he was asked why he did not divorce her more than once, he said, "She is divorced thirty times."
Yes, but the final divorce does not catch up with her. The reason for this is that it occurred while she was in a state of final separation from him. When a woman offers compensation to her husband in order for him to separate from her, she gains control of herself and is separated from him. However, as the scholars say, it is a minor final separation, meaning that she becomes lawful for him again through a new contract. Therefore, we say to the brother questioner: Your wife is now lawful for you if you wish to contract a new marriage with her with a new mahr (bridal gift). There is no blame on you in this.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 2 - 12 - دروس وفتاوى المسجد الحرام للعام 1406 هـ - الدرس الثاني - الشيخ محمد بن صالح العثيمين — youtube.com (24:05)
The Arabic text is a machine transcription of the audio recording.
