He told his wife's brother, "Tell your father to marry her," intending thereby to divorce her
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Fatwa number ( 539 )
Q: I previously divorced my wife. Since I took her from Riyadh to her father in the outskirts of Medina, after a period of time I told her brother to inform her father to marry her, because she was not under my responsibility. After this, I took my children from her. This statement was made in the first month of June 1993, on 6/1393. Since I wish to return to my wife and I am unaware of the correct method, I hope you will guide me to the right path. Note: By the word "previously," I meant that I told her brother to tell her father to marry her. I never uttered the word "divorce," neither before nor after this. I took her back during the waiting period with the testimony of two witnesses (A.D.) and (F.W.), and the date of the taking back was 20/7/1393 AH.
A: Since the questioner mentioned that he previously divorced his wife, and explained that this was when he instructed her brother to tell her father to marry her, because she was not under his responsibility, and that he never uttered the word of divorce, neither before nor after this, and that he took her back during the waiting period with the testimony of (A.D.) and (F.W.), and that the divorce occurred in the first month of June 1993, and the taking back was on 20/7/1393 AH, then based on this: what occurred from him is one divorce, and it is from the hidden expressions of divorce, accompanied by the intention of divorce. If the taking back occurred while she was in the waiting period, it is valid,
and the wife remains in his protection. She does not need a new contract, nor her consent, nor a new mahr. If, however, he took her back after she had exited the waiting period, a new contract with her consent and a new mahr is necessary. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I previously divorced my wife. Since I took her from Riyadh to her father in the outskirts of Medina, after a period of time I told her brother to inform her father to marry her, because she was not under my responsibility. After this, I took my children from her. This statement was made in the first month of June 1993, on 6/1393. Since I wish to return to my wife and I am unaware of the correct method, I hope you will guide me to the right path. Note: By the word "previously," I meant that I told her brother to tell her father to marry her. I never uttered the word "divorce," neither before nor after this. I took her back during the waiting period with the testimony of two witnesses (A.D.) and (F.W.), and the date of the taking back was 20/7/1393 AH.
A: Since the questioner mentioned that he previously divorced his wife, and explained that this was when he instructed her brother to tell her father to marry her, because she was not under his responsibility, and that he never uttered the word of divorce, neither before nor after this, and that he took her back during the waiting period with the testimony of (A.D.) and (F.W.), and that the divorce occurred in the first month of June 1993, and the taking back was on 20/7/1393 AH, then based on this: what occurred from him is one divorce, and it is from the hidden expressions of divorce, accompanied by the intention of divorce. If the taking back occurred while she was in the waiting period, it is valid,
and the wife remains in his protection. She does not need a new contract, nor her consent, nor a new mahr. If, however, he took her back after she had exited the waiting period, a new contract with her consent and a new mahr is necessary. 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.