Allah says: He provides for her. Pursue me and take the paper.
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Fatwa No. ( 799 )
Q: There was a misunderstanding between him and his wife's father, and he mentions that his wife had a right against him, so her uncle said to him: "Take your wife or divorce her." He said: "Allah will provide for her; take the paper." He did this believing that they would waive the right his wife had against him and the maintenance for his young daughter, which had been in dispute between him and them for a period. When they caught up with him and demanded the paper, they refused to waive the right his wife had against him and the maintenance, and demanded it from him. He then prevented them from writing the paper, then he stayed away from her for a year, then he divorced her with a revocable divorce and took her back. He asks about the ruling on taking her back.
A: If the matter is as he stated, that her uncle demanded he take his wife or divorce her, and that he said: "Allah will provide for her. Pursue me and take the paper," without that
being the result of an agreement on khul' (divorce at the wife's request for compensation), but was only his assumption, from one side, the one who divorced, and since his saying: "Allah will provide for her. Pursue me and take the paper," is among the words of allusion, and words of allusion do not effect a divorce unless divorce is intended by them or there are indications pointing to the intention and desire for divorce, such as uttering an allusive phrase for divorce after being asked for a divorce, and since he said: "Allah will provide for her. Pursue me and take the paper," after being asked for a divorce, this allusion is considered a divorce. And since he mentioned that he left her for a full year and then divorced her with a revocable divorce, the most likely case is that the one he divorced by allusion has exited the waiting period without his taking her back. If that is the case, the second divorce does not attach to her, because by exiting the waiting period she has become a stranger to him. If his divorce by allusion was not the third of the three divorces, it is permissible for him to return to his wife with a new contract and a new bridal gift, with her consent, and with the completion of the pillars and conditions of the marriage contract. As for his wife's right against him and his daughter's maintenance, since there was no agreement from him and his wife to waive it in exchange for his divorcing her, it remains in his liability. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: There was a misunderstanding between him and his wife's father, and he mentions that his wife had a right against him, so her uncle said to him: "Take your wife or divorce her." He said: "Allah will provide for her; take the paper." He did this believing that they would waive the right his wife had against him and the maintenance for his young daughter, which had been in dispute between him and them for a period. When they caught up with him and demanded the paper, they refused to waive the right his wife had against him and the maintenance, and demanded it from him. He then prevented them from writing the paper, then he stayed away from her for a year, then he divorced her with a revocable divorce and took her back. He asks about the ruling on taking her back.
A: If the matter is as he stated, that her uncle demanded he take his wife or divorce her, and that he said: "Allah will provide for her. Pursue me and take the paper," without that
being the result of an agreement on khul' (divorce at the wife's request for compensation), but was only his assumption, from one side, the one who divorced, and since his saying: "Allah will provide for her. Pursue me and take the paper," is among the words of allusion, and words of allusion do not effect a divorce unless divorce is intended by them or there are indications pointing to the intention and desire for divorce, such as uttering an allusive phrase for divorce after being asked for a divorce, and since he said: "Allah will provide for her. Pursue me and take the paper," after being asked for a divorce, this allusion is considered a divorce. And since he mentioned that he left her for a full year and then divorced her with a revocable divorce, the most likely case is that the one he divorced by allusion has exited the waiting period without his taking her back. If that is the case, the second divorce does not attach to her, because by exiting the waiting period she has become a stranger to him. If his divorce by allusion was not the third of the three divorces, it is permissible for him to return to his wife with a new contract and a new bridal gift, with her consent, and with the completion of the pillars and conditions of the marriage contract. As for his wife's right against him and his daughter's maintenance, since there was no agreement from him and his wife to waive it in exchange for his divorcing her, it remains in his liability. 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.