He wrote to her father saying, “Consider your daughter to be released,” then he wrote her a paper and sent it.
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Fatwa No. ( 129 )
Q: A misunderstanding occurred between me and my wife (N. A. B.) that led me to write a letter to her father and send it to him in the outskirts of Madinah. In my letter, I told him: “Consider your daughter to be released.” I also wrote a paper in which I stated: “I, (A. F. B.), acknowledge that I have divorced my wife (N. A.) with a divorce according to the Sunnah on 9/3/1392 AH. On 20/4/1392 AH, I retracted and wrote to her father: ‘I am retracting my divorce of my wife.’” End of question. After the questioner was brought in and asked about the divorce he sent in the letter to his wife’s father—whether it was a standalone divorce, and whether the one he wrote in the paper was a separate divorce—he answered that the divorce was in the paper alone, and that no divorce had issued from him except one divorce according to the Sunnah; because it was an explanation of my saying
in the letter, “Consider your daughter to be released.”
A: Since the questioner stated that the divorce that issued from him was a single pronouncement, and that the divorce he wrote in the paper was an explanation of his statement in the letter, “Consider your daughter to be released,” if the matter is as he stated, then this divorce is considered one. What was mentioned in the paper is an explanation of what was mentioned in the letter. If this pronouncement was not the third of three, he may take her back as long as she is in the waiting period. If she exits the waiting period, she is not lawful to him except with a new contract with its conditions, a new mahr, and her consent. If she has not exited the waiting period, and if what he mentioned regarding his taking her back is supported by fair evidence that proves it, then his taking her back is valid, and there is no need for her consent or a new contract. If this pronouncement was the third of three, she is not lawful to him until she marries another husband, he has intercourse with her, he divorces her, and she exits her waiting period. And this must not be done with the intention of making her lawful to her first husband. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A misunderstanding occurred between me and my wife (N. A. B.) that led me to write a letter to her father and send it to him in the outskirts of Madinah. In my letter, I told him: “Consider your daughter to be released.” I also wrote a paper in which I stated: “I, (A. F. B.), acknowledge that I have divorced my wife (N. A.) with a divorce according to the Sunnah on 9/3/1392 AH. On 20/4/1392 AH, I retracted and wrote to her father: ‘I am retracting my divorce of my wife.’” End of question. After the questioner was brought in and asked about the divorce he sent in the letter to his wife’s father—whether it was a standalone divorce, and whether the one he wrote in the paper was a separate divorce—he answered that the divorce was in the paper alone, and that no divorce had issued from him except one divorce according to the Sunnah; because it was an explanation of my saying
in the letter, “Consider your daughter to be released.”
A: Since the questioner stated that the divorce that issued from him was a single pronouncement, and that the divorce he wrote in the paper was an explanation of his statement in the letter, “Consider your daughter to be released,” if the matter is as he stated, then this divorce is considered one. What was mentioned in the paper is an explanation of what was mentioned in the letter. If this pronouncement was not the third of three, he may take her back as long as she is in the waiting period. If she exits the waiting period, she is not lawful to him except with a new contract with its conditions, a new mahr, and her consent. If she has not exited the waiting period, and if what he mentioned regarding his taking her back is supported by fair evidence that proves it, then his taking her back is valid, and there is no need for her consent or a new contract. If this pronouncement was the third of three, she is not lawful to him until she marries another husband, he has intercourse with her, he divorces her, and she exits her waiting period. And this must not be done with the intention of making her lawful to her first husband. 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.