The Ruling on Remarrying a Divorced Woman After Khul'
Machine translationRead the Arabic original
The questioner:
The other party, and even if the question is outside the scope, its substance is relevant. Please advise: I married a woman, and problems arose between me and her family. They prevented me from seeing my wife and took her from my home to theirs, saying they no longer wanted to be related to us. She is currently in her eighth month of pregnancy. I paid her family fifty thousand riyals as they demanded, and I divorced her with the first divorce, which was the first time. We have a child from her, and so on. I hope you will give me a document for the marriage officer, or anything that helps me in returning to her?
The Shaykh:
This is a matter of dispute. If they offer a settlement, praise be to Allah. If it was only one divorce and you paid the money, and they agree to return her to you, it will be a new contract, provided she and her guardians consent. If there is something else, this is for the courts. If they offer a settlement and you reconcile with them, praise be to Allah. A single divorce does not prevent...
Another questioner:
Yes.
The Shaykh:
...her from returning to you except through a new marriage, because you divorced her with this money. Divorcing her with this money makes the divorce final (ba'in) from you, except with a new contract, if you did not divorce her more than once before, meaning there were not two prior divorces. If there is a dispute or conflict, it is for the court.
The other party, and even if the question is outside the scope, its substance is relevant. Please advise: I married a woman, and problems arose between me and her family. They prevented me from seeing my wife and took her from my home to theirs, saying they no longer wanted to be related to us. She is currently in her eighth month of pregnancy. I paid her family fifty thousand riyals as they demanded, and I divorced her with the first divorce, which was the first time. We have a child from her, and so on. I hope you will give me a document for the marriage officer, or anything that helps me in returning to her?
The Shaykh:
This is a matter of dispute. If they offer a settlement, praise be to Allah. If it was only one divorce and you paid the money, and they agree to return her to you, it will be a new contract, provided she and her guardians consent. If there is something else, this is for the courts. If they offer a settlement and you reconcile with them, praise be to Allah. A single divorce does not prevent...
Another questioner:
Yes.
The Shaykh:
...her from returning to you except through a new marriage, because you divorced her with this money. Divorcing her with this money makes the divorce final (ba'in) from you, except with a new contract, if you did not divorce her more than once before, meaning there were not two prior divorces. If there is a dispute or conflict, it is for the court.
Source
ندوات الجامع الكبير مع الأسئلة - ٦٤ — archive.org (1:14:34)
The Arabic text is a machine transcription of the audio recording.
