He said to his companions: If I sit with you in the farm, my wife is divorced.
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Fatwa No. ( 44 )
Q: I (E.Y.A.Y) was in a farm with (E.M.M), (H.A.Y.A), (E.M.M), and their companions. A dispute arose between me and them, so I said to them: If I sit with you in the farm, my wife (S.T.D) is divorced. An oath also came from me. I sat with them in the farm after the divorce and the oath. The divorce took place on 6/5/1391 AH. I took her back in the middle of Rajab in the year 1319 AH, and I had (E.M.E.Y) and (M.E.M) witness my taking her back. There was no prior divorce, and no divorce occurred after it. There was no compensation, and she is still in the waiting period. Is she lawful for me?
A: Since you conditioned the divorce and the oath on sitting with them in the farm, and you sat with them, and it was a single divorce, and you took her back while she was still in the waiting period with the testimony of two witnesses, and no divorce occurred before or after it, your taking her back is valid. There is no need for a new contract or her consent. As for the oath, you must pay its expiation, which is: feeding ten poor people, or clothing them, or freeing a slave. If you cannot find the means, then fast for three days. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Q: I (E.Y.A.Y) was in a farm with (E.M.M), (H.A.Y.A), (E.M.M), and their companions. A dispute arose between me and them, so I said to them: If I sit with you in the farm, my wife (S.T.D) is divorced. An oath also came from me. I sat with them in the farm after the divorce and the oath. The divorce took place on 6/5/1391 AH. I took her back in the middle of Rajab in the year 1319 AH, and I had (E.M.E.Y) and (M.E.M) witness my taking her back. There was no prior divorce, and no divorce occurred after it. There was no compensation, and she is still in the waiting period. Is she lawful for me?
A: Since you conditioned the divorce and the oath on sitting with them in the farm, and you sat with them, and it was a single divorce, and you took her back while she was still in the waiting period with the testimony of two witnesses, and no divorce occurred before or after it, your taking her back is valid. There is no need for a new contract or her consent. As for the oath, you must pay its expiation, which is: feeding ten poor people, or clothing them, or freeing a slave. If you cannot find the means, then fast for three days. 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.