Divorce before consummation at her request and with his intention to take her back
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Fatwa number ( 11639 )
Q: A man contracted marriage with a girl but did not consummate it. After some time had passed, the girl called him and told him that she could not make him happy and did not wish to live with him. He tried to persuade and guide her, but she insisted that he divorce her. The husband said to her: “You must inform your father and brothers.” Then the wife’s brothers came to the husband and said to him: “What is your opinion?” He said to them: “I have no opinion.” Then they said: “You know that she is our sister from our father, and we have no power to force her.” The husband said: “First of all, we are neighbors and acquaintances, and we know that.” So one of the brothers stood up and said: “It is best that you divorce her.” The husband replied: “I will divorce her with one divorce; perhaps she will think about it and then I will take her back.” So the husband divorced her in the following manner: “I, so-and-so, declare that I have divorced so-and-so before consummating with her with one divorce, and this is based on her request.”
The request: 1- Is he allowed to take her back before the waiting period ends? 2- Does the bridal gift return to the husband? Knowing that the husband did not discuss the bridal gift with them; because they are neighbors and he felt that the matter was not material; because he hoped that the wife would be affected, regret it, and he would take her back a second time, since they are neighbors and acquaintances, and the matter at the time mentioned was not more material than it was emotionally affecting. I ask your Eminence to inform me, may Allah assist you.
A: A divorced wife before consummation has no waiting period; due to the saying of Allah the Exalted:[Al-Ahzab 33:49] And accordingly, he has no right to take her back. If he wishes to marry her and she agrees to it, she becomes lawful to him with a new contract and a bridal gift. As for the bridal gift, it is referred to the court. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A man contracted marriage with a girl but did not consummate it. After some time had passed, the girl called him and told him that she could not make him happy and did not wish to live with him. He tried to persuade and guide her, but she insisted that he divorce her. The husband said to her: “You must inform your father and brothers.” Then the wife’s brothers came to the husband and said to him: “What is your opinion?” He said to them: “I have no opinion.” Then they said: “You know that she is our sister from our father, and we have no power to force her.” The husband said: “First of all, we are neighbors and acquaintances, and we know that.” So one of the brothers stood up and said: “It is best that you divorce her.” The husband replied: “I will divorce her with one divorce; perhaps she will think about it and then I will take her back.” So the husband divorced her in the following manner: “I, so-and-so, declare that I have divorced so-and-so before consummating with her with one divorce, and this is based on her request.”
The request: 1- Is he allowed to take her back before the waiting period ends? 2- Does the bridal gift return to the husband? Knowing that the husband did not discuss the bridal gift with them; because they are neighbors and he felt that the matter was not material; because he hoped that the wife would be affected, regret it, and he would take her back a second time, since they are neighbors and acquaintances, and the matter at the time mentioned was not more material than it was emotionally affecting. I ask your Eminence to inform me, may Allah assist you.
A: A divorced wife before consummation has no waiting period; due to the saying of Allah the Exalted:
O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نَكَحْتُمُ الْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.