He said: I inform you that I have divorced the forbidden woman, and he said she is forbidden to me, and he cursed her and her father
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Fatwa number ( 711 )
Q: HeThere was a misunderstanding between him and his wife after she went to her father's house without his permission, so he cursed her and her father. Some of those present said to him: "Seek refuge from Satan," so he said: "She is forbidden to me."Then he wrote a letter to her father saying: "I inform you that I have divorced the forbidden one, so that you may be aware." He asks: Does he have the right to take her back? What are the consequences for her? And what are the consequences for him regarding what he did?
A: If the matter is as stated in the question, then the issue of his cursing his wife and her father is considered a sin, and he must repent, seek forgiveness, and not return to such an act. As for his statement: (I have divorced the forbidden woman), if this divorce was not the third of three divorces and was not for compensation,
it is considered a revocable divorce, and he may take back his divorced wife as long as she is in the waiting period. If she exits the waiting period before he takes her back, or if his divorce of her was for compensation, and it was not the third divorce he issued against her, he may take her back with a new contract and a new mahr with her consent, while completing the pillars and conditions of the marriage. However, if the divorce was the third of three divorces, his divorced wife is not lawful to him until she marries another husband, a marriage of desire, not a marriage of dissolution. And if he takes her back or returns to her with a new contract, it is not permissible for him to touch her until he expiates for his statement: (She is forbidden to me) with the expiation for zihar: freeing a slave. If he does not find one, then fasting two consecutive months. If he is unable to do so, then feeding sixty poor people. This is due to the saying of Allah the Exalted:[Al-Mujadila 58:3-4]
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: HeThere was a misunderstanding between him and his wife after she went to her father's house without his permission, so he cursed her and her father. Some of those present said to him: "Seek refuge from Satan," so he said: "She is forbidden to me."Then he wrote a letter to her father saying: "I inform you that I have divorced the forbidden one, so that you may be aware." He asks: Does he have the right to take her back? What are the consequences for her? And what are the consequences for him regarding what he did?
A: If the matter is as stated in the question, then the issue of his cursing his wife and her father is considered a sin, and he must repent, seek forgiveness, and not return to such an act. As for his statement: (I have divorced the forbidden woman), if this divorce was not the third of three divorces and was not for compensation,
it is considered a revocable divorce, and he may take back his divorced wife as long as she is in the waiting period. If she exits the waiting period before he takes her back, or if his divorce of her was for compensation, and it was not the third divorce he issued against her, he may take her back with a new contract and a new mahr with her consent, while completing the pillars and conditions of the marriage. However, if the divorce was the third of three divorces, his divorced wife is not lawful to him until she marries another husband, a marriage of desire, not a marriage of dissolution. And if he takes her back or returns to her with a new contract, it is not permissible for him to touch her until he expiates for his statement: (She is forbidden to me) with the expiation for zihar: freeing a slave. If he does not find one, then fasting two consecutive months. If he is unable to do so, then feeding sixty poor people. This is due to the saying of Allah the Exalted:
(3) And those who pronounce thihar from their wives and then [wish to] go back on what they said - then [there must be] the freeing of a slave before they touch one another. That is what you are admonished thereby; and Allah is Acquainted with what you do. (4) And he who does not find [a slave] - then a fast for two months consecutively before they touch one another; and he who is unable - then the feeding of sixty poor persons. That is for you to believe [completely] in Allah and His Messenger; and those are the limits [set by] Allah. And for the disbelievers is a painful punishment.
وَالَّذِينَ يُظَاهِرُونَ مِنْ نِسَائِهِمْ ثُمَّ يَعُودُونَ لِمَا قَالُوا فَتَحْرِيرُ رَقَبَةٍ مِنْ قَبْلِ أَنْ يَتَمَاسَّا ذَلِكُمْ تُوعَظُونَ بِهِ وَاللَّهُ بِمَا تَعْمَلُونَ خَبِيرٌ (3) فَمَنْ لَمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ مِنْ قَبْلِ أَنْ يَتَمَاسَّا فَمَنْ لَمْ يَسْتَطِعْ فَإِطْعَامُ سِتِّينَ مِسْكِينًا ذَلِكَ لِتُؤْمِنُوا بِاللَّهِ وَرَسُولِهِ وَتِلْكَ حُدُودُ اللَّهِ وَلِلْكَافِرِينَ عَذَابٌ أَلِيمٌAnd 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.