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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Reviewing the wife before the condition of the conditional divorce tied to menstruation is fulfilled

Machine translationRead the Arabic original
Question:
May Allah reward you. A questioner says: If a man divorces his wife and says to her, “If you menstruate, you are divorced,” and then he takes her back before she menstruates?

Answer:
We said: He has no right to retract the divorce. If he waives the condition, the condition is not voided. If the condition is fulfilled, the divorce takes effect. If he wants to take her back after the divorce has taken effect, he may do so, provided this was not the third divorce. He may take her back. However, taking her back before the divorce takes effect is not the case here; she is his wife and does not need to be taken back. She is his wife now. The condition occurs, and when the condition occurs, she is divorced. How can he take her back when she is his wife? The divorce has not yet taken effect on her, or perhaps his intention was to retract the condition. A person whose intention is to retract has no right to retract.
Source قناة «العلامة الدكتور صالح الفوزان»، 141/119 شرح زاد المستقنع/ صالح الفوزان — youtube.com (39:58)

The Arabic text is a machine transcription of the audio recording.

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