He said to his wife: You are divorced, forbidden to me, and lawful to whoever desires you
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Fatwa No. ( 80 )
Q: A misunderstanding occurred between me and my wife, which led me to say to her: "You are divorced, forbidden to me, and you are lawful for whoever desires you" on 16/12/1391 AH. My intention in saying "forbidden to me" was that when the divorce took place, it occurred to me that she had become forbidden to me by it, so I said: "and forbidden to me." I took her back on 25/2/1392 AH, witnessed by Shakir Ahmad Khayyat and Zakariya Muhammad Nur Murshid, and she had not yet completed the waiting period. I had previously divorced her six years ago and taken her back in the same
day. Is she lawful to me?
A: After the Committee studied the matter, reviewed the document of the second divorce, and heard the testimony of the witnesses to the taking back, it wrote the following answer: The questioner stated that he said to his wife, "Divorced and forbidden," and that his intention in saying "forbidden" was that she had become forbidden to him by the divorce that preceded this word. He stated that the divorce was on 12/16/1391 AH, and that he took her back on 25/2/1392 AH, and that he witnessed her taking back from a man. If the first divorce, which was six years ago, was two or three divorces, she is not lawful to him until she marries another husband, he has intercourse with her, and he divorces her without the intention of making her lawful, and she completes her waiting period. If the first divorce was a single divorce and she had not completed the waiting period of the second divorce, as the questioner stated, then his taking her back is valid, and there is no need for her consent or a new contract. If she had completed the waiting period, a new contract is required with its conditions, her consent, and a new bridal gift. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A misunderstanding occurred between me and my wife, which led me to say to her: "You are divorced, forbidden to me, and you are lawful for whoever desires you" on 16/12/1391 AH. My intention in saying "forbidden to me" was that when the divorce took place, it occurred to me that she had become forbidden to me by it, so I said: "and forbidden to me." I took her back on 25/2/1392 AH, witnessed by Shakir Ahmad Khayyat and Zakariya Muhammad Nur Murshid, and she had not yet completed the waiting period. I had previously divorced her six years ago and taken her back in the same
day. Is she lawful to me?
A: After the Committee studied the matter, reviewed the document of the second divorce, and heard the testimony of the witnesses to the taking back, it wrote the following answer: The questioner stated that he said to his wife, "Divorced and forbidden," and that his intention in saying "forbidden" was that she had become forbidden to him by the divorce that preceded this word. He stated that the divorce was on 12/16/1391 AH, and that he took her back on 25/2/1392 AH, and that he witnessed her taking back from a man. If the first divorce, which was six years ago, was two or three divorces, she is not lawful to him until she marries another husband, he has intercourse with her, and he divorces her without the intention of making her lawful, and she completes her waiting period. If the first divorce was a single divorce and she had not completed the waiting period of the second divorce, as the questioner stated, then his taking her back is valid, and there is no need for her consent or a new contract. If she had completed the waiting period, a new contract is required with its conditions, her consent, and a new bridal gift. 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.