Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

I appointed one of my brothers to write the divorce document, but he did not write it

Machine translationRead the Arabic original
Fatwa number ( 1992 )
Q: One of my wives, whom I intended to divorce and I made it final for her father, and she was pregnant, but I did not divorce her by verbal pronouncement, and no divorce had preceded this. I appointed one of my brothers to write the divorce document, but he did not write the divorce document. After that, I took my wife back before she gave birth, that is, before she delivered her pregnancy
with the testimony of her father and the testimony of (M.S.), and my taking her back was before the completion of the waiting period and before she delivered her pregnancy

A: If no divorce has issued from you regarding your wife, and you only ordered your brother to write her divorce based on the fact that he is your agent in pronouncing the divorce upon her, and he did not divorce her, then the wife remains in your protection; because no divorce has occurred upon her from you or from the agent. However, if you divorced her and ordered him to write what you verbally pronounced of divorce, but he did not write it, then the divorce has taken place. If it was a revocable divorce and you took her back while she was pregnant, with the testimony of her father and the testimony of (M.S.), then the taking back is valid, and the wife is your wife. 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.

Similar fatwas