A man pronounced zihar against his wife over a matter he believed had occurred, but it was proven that it had not occurred
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Fatwa No. ( 375 )
Praise be to Allah alone, and peace and blessings be upon the one after whom there is no prophet. And after: The Permanent Committee for Scholarly Research and Ifta has reviewed the documents sent from the honorable Judge of Khamis Mushayt , accompanying his letter No. (3368) dated 23/12/1392 AH, addressed to the honorable Head of the Departments of Scientific Research and Ifta, Da'wah, and Guidance, and referred to the Committee by the General Secretariat of the Council of Senior Scholars with number (1911/2) on 23/12/1392 AH. Upon studying these documents, the Committee found that they are summarized as follows: 1- An inquiry from (H.M.J.Sh), the text of which is: I have a wife who is the mother of my first children. After that, she gave birth to two daughters, and I divorced her under pressure from her family. She married after me and gave birth to a daughter for the second husband, and he divorced her. After that, I married her a second time, and she gave me two daughters. After that, I married one of the daughters to one of my companions, and they did not agree on the marriage,
so a doubt arose in my mind that the corruption of this marriage was from her mother—my wife— so I said to my wife: (By Allah, you are like my mother to me unless you fix the girl with her husband) . After that, it became clear to me that the disagreement between my daughter and her husband did not come through my wife. So I ask—since the matter is thus—to be given a ruling on my case, knowing that I contacted the judge of our town, Khamis Mushayt , to ask him for a ruling, and he said: You must fast for two months. And since I am unable to fast them due to the illness I have, and its signs are on my body, I did not fast. Then my wife's family came to me and took her from me, and they said: Either you fast for two months or you give us a paper for our daughter. So I said to the volunteer: Ali ibn Sa'id ibn Salimha , write for them a divorce of the Sunnah, so they will leave me alone for now until I seek a ruling on my matter. When I went to the judge the second time and he learned of my illness and treatment, he said: You must feed sixty poor people, and your wife will return to you with a new contract. 2- A letter from the honorable Head of the Departments of Scientific Research and Ifta, Da'wah, and Guidance to the honorable Judge of Khamis Mushayt , No. (3186) dated 6/8/1392 AH, to verify the truth of what the questioner mentioned. 3- A letter from the honorable Judge of Khamis Mushayt , No. (3368) dated 26/11/1392 AH, accompanied by a record of what took place
in his presence in this matter, record number (40) page 119, and a summary of this record is: That (H.M.) appeared before him and confirmed the aforementioned letter, and that the wife (N) appeared before him and acknowledged the marriage and the divorce, the second marriage, and the offspring she bore from him, and that she did not hear the second divorce with her own ears, but it was said to her: He has divorced her. Then her two brothers appeared and stated that he divorced her with a divorce in excess of what the questioner acknowledged, and that this was at the house of (S.G) in Raghwa, with his saying: (She is divorced). And the text of this last divorce is: After a slip of the tongue occurred from me regarding the responsible person (N.M), I asked the Shaykh, and he said: Fast for two months. I was unable to do that, so we completed her divorce with a divorce of the Sunnah. The signature is dated 2/6/1392 AH. And Hasan denied the first divorce that her two brothers claimed, and that they have evidence, but they were prevented from attending, and he stated that they do not have evidence, and that the judge gave him a ruling on the expiation of zihar because he only asked him about zihar. Then after a period, he came and asked him about the divorce, so he asked him to bring the wife and her guardian, so he went and did not return to him.
After the Committee studied what was mentioned, it wrote the following answer: Since the questioner mentioned that he divorced his wife (N.M.A), and that she married and was divorced, and that he married her after that, and that he pronounced zihar against her on the assumption that she was the one who corrupted his daughter with her husband, and that it became clear to him after that that this
corruption was not from his wife (N), and that he asked the honorable Judge of Khamis Mushayt about the zihar, so he ruled that he must fast for two consecutive months, and that he is ill and unable to fast, and that the wife's family took her from him and said: Either you fast or you divorce, and that he divorced her with a divorce of the Sunnah based on the fact that he was unable to fast, if that is the case, then the zihar did not occur from him; because he pronounced it over a matter, and it was proven that the reality is contrary to what he based the zihar on, so he does not owe the expiation of zihar. As for the divorce written by Ali ibn Sa'id , it does not take effect. It was stated in the paper: And we asked the Shaykh, and he said: Fast for two months, and I was unable to do that, so we completed her divorce with a divorce of the Sunnah. This indicates that he based the divorce on his inability to fast, which was obligatory as an expiation for the zihar that came from him, and that the judge ruled him accordingly, and that the judge confirmed that he ruled him, so based on that, this divorce is built on a matter he believed to be obligatory, and it was proven that it is not obligatory, so it does not take effect. As for what concerns the divorce claimed by the woman's guardians and denied by the husband, and that they have evidence but it was prevented from attending—this is within the jurisdiction of the judge.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Praise be to Allah alone, and peace and blessings be upon the one after whom there is no prophet. And after: The Permanent Committee for Scholarly Research and Ifta has reviewed the documents sent from the honorable Judge of Khamis Mushayt , accompanying his letter No. (3368) dated 23/12/1392 AH, addressed to the honorable Head of the Departments of Scientific Research and Ifta, Da'wah, and Guidance, and referred to the Committee by the General Secretariat of the Council of Senior Scholars with number (1911/2) on 23/12/1392 AH. Upon studying these documents, the Committee found that they are summarized as follows: 1- An inquiry from (H.M.J.Sh), the text of which is: I have a wife who is the mother of my first children. After that, she gave birth to two daughters, and I divorced her under pressure from her family. She married after me and gave birth to a daughter for the second husband, and he divorced her. After that, I married her a second time, and she gave me two daughters. After that, I married one of the daughters to one of my companions, and they did not agree on the marriage,
so a doubt arose in my mind that the corruption of this marriage was from her mother—my wife— so I said to my wife: (By Allah, you are like my mother to me unless you fix the girl with her husband) . After that, it became clear to me that the disagreement between my daughter and her husband did not come through my wife. So I ask—since the matter is thus—to be given a ruling on my case, knowing that I contacted the judge of our town, Khamis Mushayt , to ask him for a ruling, and he said: You must fast for two months. And since I am unable to fast them due to the illness I have, and its signs are on my body, I did not fast. Then my wife's family came to me and took her from me, and they said: Either you fast for two months or you give us a paper for our daughter. So I said to the volunteer: Ali ibn Sa'id ibn Salimha , write for them a divorce of the Sunnah, so they will leave me alone for now until I seek a ruling on my matter. When I went to the judge the second time and he learned of my illness and treatment, he said: You must feed sixty poor people, and your wife will return to you with a new contract. 2- A letter from the honorable Head of the Departments of Scientific Research and Ifta, Da'wah, and Guidance to the honorable Judge of Khamis Mushayt , No. (3186) dated 6/8/1392 AH, to verify the truth of what the questioner mentioned. 3- A letter from the honorable Judge of Khamis Mushayt , No. (3368) dated 26/11/1392 AH, accompanied by a record of what took place
in his presence in this matter, record number (40) page 119, and a summary of this record is: That (H.M.) appeared before him and confirmed the aforementioned letter, and that the wife (N) appeared before him and acknowledged the marriage and the divorce, the second marriage, and the offspring she bore from him, and that she did not hear the second divorce with her own ears, but it was said to her: He has divorced her. Then her two brothers appeared and stated that he divorced her with a divorce in excess of what the questioner acknowledged, and that this was at the house of (S.G) in Raghwa, with his saying: (She is divorced). And the text of this last divorce is: After a slip of the tongue occurred from me regarding the responsible person (N.M), I asked the Shaykh, and he said: Fast for two months. I was unable to do that, so we completed her divorce with a divorce of the Sunnah. The signature is dated 2/6/1392 AH. And Hasan denied the first divorce that her two brothers claimed, and that they have evidence, but they were prevented from attending, and he stated that they do not have evidence, and that the judge gave him a ruling on the expiation of zihar because he only asked him about zihar. Then after a period, he came and asked him about the divorce, so he asked him to bring the wife and her guardian, so he went and did not return to him.
After the Committee studied what was mentioned, it wrote the following answer: Since the questioner mentioned that he divorced his wife (N.M.A), and that she married and was divorced, and that he married her after that, and that he pronounced zihar against her on the assumption that she was the one who corrupted his daughter with her husband, and that it became clear to him after that that this
corruption was not from his wife (N), and that he asked the honorable Judge of Khamis Mushayt about the zihar, so he ruled that he must fast for two consecutive months, and that he is ill and unable to fast, and that the wife's family took her from him and said: Either you fast or you divorce, and that he divorced her with a divorce of the Sunnah based on the fact that he was unable to fast, if that is the case, then the zihar did not occur from him; because he pronounced it over a matter, and it was proven that the reality is contrary to what he based the zihar on, so he does not owe the expiation of zihar. As for the divorce written by Ali ibn Sa'id , it does not take effect. It was stated in the paper: And we asked the Shaykh, and he said: Fast for two months, and I was unable to do that, so we completed her divorce with a divorce of the Sunnah. This indicates that he based the divorce on his inability to fast, which was obligatory as an expiation for the zihar that came from him, and that the judge ruled him accordingly, and that the judge confirmed that he ruled him, so based on that, this divorce is built on a matter he believed to be obligatory, and it was proven that it is not obligatory, so it does not take effect. As for what concerns the divorce claimed by the woman's guardians and denied by the husband, and that they have evidence but it was prevented from attending—this is within the jurisdiction of the judge.
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.