He wrote the divorce of his wife and sent it, and the judge stated that this divorce is not valid, so he wrote the divorce a second time and sent it to her father
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Fatwa No. ( 273 )
Q: I previously divorced my wife (N. A. A) with one divorce in the first of Muharram, 1392 AH, in Khamis Mushayt , and I wrote a document for this divorce witnessed by (H. R) and (S. M. R). Then I sent it with my brother (A. A. Q) to the wife's father. When it was presented to the judge of his area, he said: This document is not lawful; the writer is unknown. After that, I wrote a second document for a second divorce, thinking that the first divorce was not valid, and I sent it to my father to send it to the wife's father. I know that the woman has been consummated, and I took her back on 12/2/1392 AH, and I witnessed my taking her back with (A. H. A. Sh), ID number (9600), dated 8/11/1971 CE, and (M. S. A. A), ID number (3318), dated 8/11/1970 CE, from the Ministry of Interior. I know that no divorce preceded this divorce, and no divorce occurred after it. My question is: Is the second divorce the first one, based on my belief that the first was not valid, and that my taking her back is valid? I know that my wife is still in the waiting period when I took her back.
A: Since the questioner mentioned that he divorced his wife with one divorce in the first of Muharram, 1392 AH, and when he was informed of the judge's statement that the divorce document is not lawful, he divorced her a second time, thinking that the first did not take effect, and that he took her back on 12/2/1392 AH and witnessed the taking back with two witnesses, and that she is still
in the waiting period when he took her back, and that no divorce preceded this divorce, and no divorce occurred after it, then based on that, the valid of the two divorces is the first one, and as for the second, its occurrence is not considered; because it was issued by the husband thinking that the first divorce was not valid, whereas the truth is that it is the valid one. The judge's statement that the document is not lawful does not return to the essence of the divorce which was issued by the husband, but rather it returns to the manner of the husband's notification to the wife's guardian of the divorce, and that it was not in a lawful manner. Therefore, the second divorce was based on a matter he thought would be realized, and it turned out to be contrary to what he thought. As long as the husband took his wife back while she was in the waiting period and witnessed it with two witnesses, his taking her back is valid, and there is no need for her consent or a new contract. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Q: I previously divorced my wife (N. A. A) with one divorce in the first of Muharram, 1392 AH, in Khamis Mushayt , and I wrote a document for this divorce witnessed by (H. R) and (S. M. R). Then I sent it with my brother (A. A. Q) to the wife's father. When it was presented to the judge of his area, he said: This document is not lawful; the writer is unknown. After that, I wrote a second document for a second divorce, thinking that the first divorce was not valid, and I sent it to my father to send it to the wife's father. I know that the woman has been consummated, and I took her back on 12/2/1392 AH, and I witnessed my taking her back with (A. H. A. Sh), ID number (9600), dated 8/11/1971 CE, and (M. S. A. A), ID number (3318), dated 8/11/1970 CE, from the Ministry of Interior. I know that no divorce preceded this divorce, and no divorce occurred after it. My question is: Is the second divorce the first one, based on my belief that the first was not valid, and that my taking her back is valid? I know that my wife is still in the waiting period when I took her back.
A: Since the questioner mentioned that he divorced his wife with one divorce in the first of Muharram, 1392 AH, and when he was informed of the judge's statement that the divorce document is not lawful, he divorced her a second time, thinking that the first did not take effect, and that he took her back on 12/2/1392 AH and witnessed the taking back with two witnesses, and that she is still
in the waiting period when he took her back, and that no divorce preceded this divorce, and no divorce occurred after it, then based on that, the valid of the two divorces is the first one, and as for the second, its occurrence is not considered; because it was issued by the husband thinking that the first divorce was not valid, whereas the truth is that it is the valid one. The judge's statement that the document is not lawful does not return to the essence of the divorce which was issued by the husband, but rather it returns to the manner of the husband's notification to the wife's guardian of the divorce, and that it was not in a lawful manner. Therefore, the second divorce was based on a matter he thought would be realized, and it turned out to be contrary to what he thought. As long as the husband took his wife back while she was in the waiting period and witnessed it with two witnesses, his taking her back is valid, and there is no need for her consent or a new contract. 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.