Divorce by a final pronouncement
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Fatwa No. ( 400 )
Q: A man divorced his wife through the judge of al-Hawtah with a final divorce that admits no return, and his divorce was under coercion from his Omanis, and he has taken back his ex-wife, who desires him, and he desires her, and he asks about the validity of his taking her back?
A: If the matter is as stated in the inquiry, that the wife of the divorced man was divorced by a final divorce with no right of return—describing the divorce as final with no return makes it a major irrevocable divorce (talaq baynuna kabra), in which case the divorced woman is not permissible to him if he had consummated the marriage, except after she has married another husband. It was said in (Hashiyat al-Muqni'): "And if he says: 'You are divorced, I have no right of return over you,' and she is one with whom he has consummated the marriage, then Imam Ahmad (may Allah have mercy on him) said: This is like the khul' and the zihar, three times. This is my view. And this is the school of Abu Hanifa. End of quote. Accordingly, his taking her back is not valid. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A man divorced his wife through the judge of al-Hawtah with a final divorce that admits no return, and his divorce was under coercion from his Omanis, and he has taken back his ex-wife, who desires him, and he desires her, and he asks about the validity of his taking her back?
A: If the matter is as stated in the inquiry, that the wife of the divorced man was divorced by a final divorce with no right of return—describing the divorce as final with no return makes it a major irrevocable divorce (talaq baynuna kabra), in which case the divorced woman is not permissible to him if he had consummated the marriage, except after she has married another husband. It was said in (Hashiyat al-Muqni'): "And if he says: 'You are divorced, I have no right of return over you,' and she is one with whom he has consummated the marriage, then Imam Ahmad (may Allah have mercy on him) said: This is like the khul' and the zihar, three times. This is my view. And this is the school of Abu Hanifa. End of quote. Accordingly, his taking her back is not valid. 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.