She is forbidden to me as Makkah is forbidden to the Jews
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Fatwa No. ( 221 )
Q: A man said to his wife or his daughters: “You are divorced; you are forbidden to me as Makkah is forbidden to the Jews. Then he took her back and had witnesses testify to the taking back, and the taking back occurred immediately after the divorce. Is she now lawful to him?
A: As for his saying, "You are divorced," this results in one divorce for his wife. If this is not the third of three, his taking her back is valid, and there is no need for her consent or a new contract. If this divorce is the third of three, this wife is not lawful for the husband who divorced her until she marries another husband, and he enters into marital relations with her, then divorces her, and she exits the waiting period, and this must not be a ruse. As for his saying, "(You are forbidden to me as Makkah is forbidden to the Jews)," if the divorce that occurred from him was the third of three, she has become a stranger to him through this divorce, and nothing occurs by this statement of his. If this divorce was not the third of three, this phrase constitutes zihar, and upon him is the expiation for zihar, which is: freeing a slave. If he does not find one, then fasting two consecutive months. If he is unable to do so, then feeding sixty poor people, for each poor person half a sa' of the local staple food. It is not permissible for him to approach her before he expiates the expiation for zihar.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: A man said to his wife or his daughters: “You are divorced; you are forbidden to me as Makkah is forbidden to the Jews. Then he took her back and had witnesses testify to the taking back, and the taking back occurred immediately after the divorce. Is she now lawful to him?
A: As for his saying, "You are divorced," this results in one divorce for his wife. If this is not the third of three, his taking her back is valid, and there is no need for her consent or a new contract. If this divorce is the third of three, this wife is not lawful for the husband who divorced her until she marries another husband, and he enters into marital relations with her, then divorces her, and she exits the waiting period, and this must not be a ruse. As for his saying, "(You are forbidden to me as Makkah is forbidden to the Jews)," if the divorce that occurred from him was the third of three, she has become a stranger to him through this divorce, and nothing occurs by this statement of his. If this divorce was not the third of three, this phrase constitutes zihar, and upon him is the expiation for zihar, which is: freeing a slave. If he does not find one, then fasting two consecutive months. If he is unable to do so, then feeding sixty poor people, for each poor person half a sa' of the local staple food. It is not permissible for him to approach her before he expiates the expiation for zihar.
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.