He told his wife that if she goes out without permission, it is a divorce
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Fatwa number ( 789 )
Q: He told his wife: "If you go out without permission, it is a divorce." He mentioned that he did not know that she had gone out afterward without his permission, and that on a Friday his wife said to him: "You previously said that if I go out without your permission, I am in your custody." He said to her: "Is your divorce clear?" She said: "Yes." He said: "I consider you divorced." He asks: Is it permissible for him to take her back given the situation described?
A: If the matter is as he described, namely that he did not know she had gone out after he told her, "If you go out without my permission, it is a divorce," and that she did not inform him that she had gone out afterward without his permission, then he is not considered to have broken his oath, since he told her, when she asked him for a divorce, "I consider you divorced." If this divorce was not for compensation, and it was not the third of three divorces, it is considered a revocable divorce, and he has the right to take back his divorced wife as long as she is in the waiting period. However, if it was for compensation, or if it was a revocable divorce but his divorced wife exited the waiting period before he took her back, it is permissible for him to return to her with a new contract and a new bridal gift, with her consent and the completion of the pillars and conditions of the marriage contract. If this divorce was the third of three divorces, having been preceded by two divorces, she is not lawful for him until she marries another husband, a marriage of desire, not a marriage of dissolution.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: He told his wife: "If you go out without permission, it is a divorce." He mentioned that he did not know that she had gone out afterward without his permission, and that on a Friday his wife said to him: "You previously said that if I go out without your permission, I am in your custody." He said to her: "Is your divorce clear?" She said: "Yes." He said: "I consider you divorced." He asks: Is it permissible for him to take her back given the situation described?
A: If the matter is as he described, namely that he did not know she had gone out after he told her, "If you go out without my permission, it is a divorce," and that she did not inform him that she had gone out afterward without his permission, then he is not considered to have broken his oath, since he told her, when she asked him for a divorce, "I consider you divorced." If this divorce was not for compensation, and it was not the third of three divorces, it is considered a revocable divorce, and he has the right to take back his divorced wife as long as she is in the waiting period. However, if it was for compensation, or if it was a revocable divorce but his divorced wife exited the waiting period before he took her back, it is permissible for him to return to her with a new contract and a new bridal gift, with her consent and the completion of the pillars and conditions of the marriage contract. If this divorce was the third of three divorces, having been preceded by two divorces, she is not lawful for him until she marries another husband, a marriage of desire, not a marriage of dissolution.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.
