A vow not to take back his wife, she married then was divorced, and he was advised to take her back; is it permissible for him to take her back?
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Fatwa number ( 18942 )
Q: I submit this letter to your Eminence, informing you that I am a resident of the center of (...), and that I married a Saudi girl and had two sons with her. She stayed with me for five years, then I divorced her twice. At the end of the waiting period, they asked me to take her back, but I refused. They tried to persuade me again, and I said: "By the Great Allah, in whom there is no god but He, the Knower of the unseen and the witnessed, I swear by Allah, in which I do not commit fornication and in which I do not commit disbelief, that I will not take her back. And if I take her back, I vow to pay one million riyals." So they left me alone, and the woman went her way. Then she married and bore a son from her husband, then he divorced her. Now, many people have asked me to take her back or marry her. I know that I want her, but I have sworn by Allah and vowed not to take her back. Should I let the woman go her way, or should I marry her? Guide me, for I am confused, knowing that I have two sons from her.
And may Allah reward you with all good. Peace be upon you and Allah's mercy and blessings.
A: You can expiate your oath with the expiation of an oath, because all your words are considered an oath. You should return to your wife with a new contract and a new mahr (bridal gift). You have one divorce remaining, so fear Allah regarding the rest. If you divorce her after marrying her, she will be completely divorced from you and will not be lawful for you until she marries another husband, for a marriage of desire, not for the purpose of freeing her, and then he divorces her. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I submit this letter to your Eminence, informing you that I am a resident of the center of (...), and that I married a Saudi girl and had two sons with her. She stayed with me for five years, then I divorced her twice. At the end of the waiting period, they asked me to take her back, but I refused. They tried to persuade me again, and I said: "By the Great Allah, in whom there is no god but He, the Knower of the unseen and the witnessed, I swear by Allah, in which I do not commit fornication and in which I do not commit disbelief, that I will not take her back. And if I take her back, I vow to pay one million riyals." So they left me alone, and the woman went her way. Then she married and bore a son from her husband, then he divorced her. Now, many people have asked me to take her back or marry her. I know that I want her, but I have sworn by Allah and vowed not to take her back. Should I let the woman go her way, or should I marry her? Guide me, for I am confused, knowing that I have two sons from her.
And may Allah reward you with all good. Peace be upon you and Allah's mercy and blessings.
A: You can expiate your oath with the expiation of an oath, because all your words are considered an oath. You should return to your wife with a new contract and a new mahr (bridal gift). You have one divorce remaining, so fear Allah regarding the rest. If you divorce her after marrying her, she will be completely divorced from you and will not be lawful for you until she marries another husband, for a marriage of desire, not for the purpose of freeing her, and then he divorces her. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.