Divorce with a final divorce while he does not know the intended meaning of "final"
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Fatwa number ( 723 )
Q: He divorced his wife with a final divorce, and he is ignorant and does not know the meaning of the word "final," and he did not specify the number, nor did he mention in his divorce that he divorced her with three, or with two, but rather he divorced her with a final divorce. He asks: Is it permissible for him to take her back?
A: After reviewing the divorce document, which was written by 'Abd al-Rahman ibn Shabrin, the imam of al-Ha'ir Mosque, and after questioning Ibn Shabrin: Did he inform the divorcer of the meaning of the word "final," or did he divorce her with three? He stated that he did not inform him of the meaning of the word "final," and that he did not divorce in his presence except with what was written in the divorce document, where he told him: "Divorce her with a final divorce, since my village is far away; if you come before she exits the waiting period, otherwise do not hinder her." Upon considering all of this, it appears that the inquirer's divorce is considered one divorce, since the meaning of the word "final" was not intended due to his ignorance of its meaning, and since the divorced woman herself was present with us and stated that she exited the waiting period before he took her back, and the
divorcer himself stated that he had not divorced her before this divorce, it is permissible for the divorcer to take back his divorced wife with a new contract and a new bridal gift, with her consent, while fulfilling the conditions and pillars of the marriage contract. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: He divorced his wife with a final divorce, and he is ignorant and does not know the meaning of the word "final," and he did not specify the number, nor did he mention in his divorce that he divorced her with three, or with two, but rather he divorced her with a final divorce. He asks: Is it permissible for him to take her back?
A: After reviewing the divorce document, which was written by 'Abd al-Rahman ibn Shabrin, the imam of al-Ha'ir Mosque, and after questioning Ibn Shabrin: Did he inform the divorcer of the meaning of the word "final," or did he divorce her with three? He stated that he did not inform him of the meaning of the word "final," and that he did not divorce in his presence except with what was written in the divorce document, where he told him: "Divorce her with a final divorce, since my village is far away; if you come before she exits the waiting period, otherwise do not hinder her." Upon considering all of this, it appears that the inquirer's divorce is considered one divorce, since the meaning of the word "final" was not intended due to his ignorance of its meaning, and since the divorced woman herself was present with us and stated that she exited the waiting period before he took her back, and the
divorcer himself stated that he had not divorced her before this divorce, it is permissible for the divorcer to take back his divorced wife with a new contract and a new bridal gift, with her consent, while fulfilling the conditions and pillars of the marriage 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.