Divorce of one of his wives by the Sunnah method through proxy, and inquiry regarding the validity of taking her back
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Fatwa No. ( 382 )
Q: He divorced one of his wives by the Sunnah method, as he appointed a man to divorce her by the Sunnah method, so he divorced her, and he states that he took back his divorced wife. He asks whether his taking her back is valid?
A: If the matter is as the questioner stated, that he appointed a man to divorce one of his wives—specifically naming her—by the Sunnah method, and that he divorced her based on this appointment, then if this divorce was not the third of three, and it was not for compensation, it is considered a revocable divorce. The divorcer may take back his divorced wife as long as she is in the waiting period. If it was the third of three, she is not lawful for him until she marries another husband. However, if it was for compensation and not the third of three, she becomes lawful for him with a new contract and a new mahr, with her consent, after fulfilling the conditions and pillars of marriage.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: He divorced one of his wives by the Sunnah method, as he appointed a man to divorce her by the Sunnah method, so he divorced her, and he states that he took back his divorced wife. He asks whether his taking her back is valid?
A: If the matter is as the questioner stated, that he appointed a man to divorce one of his wives—specifically naming her—by the Sunnah method, and that he divorced her based on this appointment, then if this divorce was not the third of three, and it was not for compensation, it is considered a revocable divorce. The divorcer may take back his divorced wife as long as she is in the waiting period. If it was the third of three, she is not lawful for him until she marries another husband. However, if it was for compensation and not the third of three, she becomes lawful for him with a new contract and a new mahr, with her consent, after fulfilling the conditions and pillars of marriage.
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.
