If he divorces her while he is bedridden and paralyzed, it is not permissible for her to remain with him
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Fatwa number ( 19895 )
Q: My father fell ill and was hospitalized. After he was discharged, he contracted another illness and his leg was amputated, and praise be to Allah for the decree of Allah, the Exalted and Majestic. Then he suffered from paralysis that prevents him from sitting. He is currently staying with me at my home. One day, he asked me to sit beside him, and then he said: “You are holding a trust; if I die, bury me in al-Madinah al-Munawwarah .” He said: “This is a trust I will ask you about on the Day of the Great Standing.” And al-Madinah al-Munawwarah is (400) four hundred kilometers away from al-‘Ula , where I reside. He asked my mother, who is still his wife, and said: “You are divorced.” He said: “Forgive me and I will forgive you.” My mother is still in the house and takes care of cleaning it; because he is unable to go to the restroom, and she feeds him because we are at school and are employees. I ask you to
respond to this, and may Allah reward you with good.
A: First: If a dying person wills to be buried in a specific country or place, you are not obligated to carry out that will; he should be buried with the Muslims in any convenient place, and praise be to Allah. Second: If this divorce is the third divorce, it is not permissible for your mother to remain with him, expose herself to him, or cohabit with him; because she is a stranger to him. However, if the mentioned divorce is the first or second, your mother is considered divorced with a revocable divorce, and he may take her back as long as she is in her waiting period. She has the rights of wives, and she serves your father and he cohabits with her. If she exits her waiting period and he does not take her back by words or by intercourse during the waiting period, she becomes a stranger to him, and it is not permissible for him to remain with her or be in seclusion with her except with a new marriage contract. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My father fell ill and was hospitalized. After he was discharged, he contracted another illness and his leg was amputated, and praise be to Allah for the decree of Allah, the Exalted and Majestic. Then he suffered from paralysis that prevents him from sitting. He is currently staying with me at my home. One day, he asked me to sit beside him, and then he said: “You are holding a trust; if I die, bury me in al-Madinah al-Munawwarah .” He said: “This is a trust I will ask you about on the Day of the Great Standing.” And al-Madinah al-Munawwarah is (400) four hundred kilometers away from al-‘Ula , where I reside. He asked my mother, who is still his wife, and said: “You are divorced.” He said: “Forgive me and I will forgive you.” My mother is still in the house and takes care of cleaning it; because he is unable to go to the restroom, and she feeds him because we are at school and are employees. I ask you to
respond to this, and may Allah reward you with good.
A: First: If a dying person wills to be buried in a specific country or place, you are not obligated to carry out that will; he should be buried with the Muslims in any convenient place, and praise be to Allah. Second: If this divorce is the third divorce, it is not permissible for your mother to remain with him, expose herself to him, or cohabit with him; because she is a stranger to him. However, if the mentioned divorce is the first or second, your mother is considered divorced with a revocable divorce, and he may take her back as long as she is in her waiting period. She has the rights of wives, and she serves your father and he cohabits with her. If she exits her waiting period and he does not take her back by words or by intercourse during the waiting period, she becomes a stranger to him, and it is not permissible for him to remain with her or be in seclusion with her except with a new marriage contract. 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.