He said to her, “Get up and come with me, or you are not under my protection,” and she did not go with him.
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Fatwa No. ( 963 )
Q: His wife was pregnant, so she went to her parents’ house and stayed there for a long time. He asked her to come to his house, but she refused. He said to her, “Get up and come with me to the house, or you are not under my protection.” She did not go with him. He states that he took his wife back on the morning of that same night when he said this to her. He also states that he had not divorced her before that. He asks about the validity of his taking her back?
A: If the matter is as the questioner described, that he said to his wife, “Get up and come with me, or you are not under my protection,” and that she did not go with him, then he has broken his oath, and a divorce has taken place regarding his wife. Since he states that he had not divorced her before that, if that is the case, his divorce is considered a revocable divorce, and he has the right to take his divorced wife back as long as she is in the waiting period. Since he mentioned that
he took her back on the morning of that night, if that is confirmed, then his taking her back is valid. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: His wife was pregnant, so she went to her parents’ house and stayed there for a long time. He asked her to come to his house, but she refused. He said to her, “Get up and come with me to the house, or you are not under my protection.” She did not go with him. He states that he took his wife back on the morning of that same night when he said this to her. He also states that he had not divorced her before that. He asks about the validity of his taking her back?
A: If the matter is as the questioner described, that he said to his wife, “Get up and come with me, or you are not under my protection,” and that she did not go with him, then he has broken his oath, and a divorce has taken place regarding his wife. Since he states that he had not divorced her before that, if that is the case, his divorce is considered a revocable divorce, and he has the right to take his divorced wife back as long as she is in the waiting period. Since he mentioned that
he took her back on the morning of that night, if that is confirmed, then his taking her back is 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.