He said: If she does not come out to you, then it is forbidden for her to enter your home, and she did not come out.
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Fatwa No. ( 2185 )
Q: We inform you that on the night of Friday, corresponding to 6/10/1398 AH, I left my wife at the wedding of some people at the wedding palace. I went to my wife at the time of the Fajr prayer to ask her to leave the palace with me. Then I sent several messengers, and they contacted her personally, but she refused to leave the palace until all the women had left. Then I also sent a mahram to her and said to the mahram I sent: I hope you will convey to her that if she does not come out now, it is forbidden for her to enter my home, then the mahram contacted her. The mahram reported that she refused to come out for me, and until now she has not entered my home; rather, she remained in her father's house until I negotiate with him regarding the reason for her refusal to come out with me. I ask for your scholarly ruling: Is it permissible for me to take her back or not? And is there anything upon me regarding this prohibition? I ask for your scholarly ruling and to provide me with evidence for this.
to persuade the wife's father.
A: If the situation is as you described, you must pay the expiation for an oath after this wife enters your home. It is: feeding ten poor people five sa' (a dry measure of about 3 kg) of wheat, dates, rice, or something similar to what your family eats, giving each poor person half a sa', or clothing ten poor people, or freeing a slave. If you cannot find the means to do so, it is obligatory for you to fast for three days, and it is better if they are consecutive; for Allah the Exalted said:[Al-Ma'idah 5:87-89]
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: We inform you that on the night of Friday, corresponding to 6/10/1398 AH, I left my wife at the wedding of some people at the wedding palace. I went to my wife at the time of the Fajr prayer to ask her to leave the palace with me. Then I sent several messengers, and they contacted her personally, but she refused to leave the palace until all the women had left. Then I also sent a mahram to her and said to the mahram I sent: I hope you will convey to her that if she does not come out now, it is forbidden for her to enter my home, then the mahram contacted her. The mahram reported that she refused to come out for me, and until now she has not entered my home; rather, she remained in her father's house until I negotiate with him regarding the reason for her refusal to come out with me. I ask for your scholarly ruling: Is it permissible for me to take her back or not? And is there anything upon me regarding this prohibition? I ask for your scholarly ruling and to provide me with evidence for this.
to persuade the wife's father.
A: If the situation is as you described, you must pay the expiation for an oath after this wife enters your home. It is: feeding ten poor people five sa' (a dry measure of about 3 kg) of wheat, dates, rice, or something similar to what your family eats, giving each poor person half a sa', or clothing ten poor people, or freeing a slave. If you cannot find the means to do so, it is obligatory for you to fast for three days, and it is better if they are consecutive; for Allah the Exalted said:
(87) O you who have believed, do not prohibit the good things which Allah has made lawful to you and do not transgress. Indeed, Allah does not like transgressors. (88) And eat of what Allah has provided for you [which is] lawful and good. And fear Allah, in whom you are believers. (89) Allah will not impose blame upon you for what is meaningless in your oaths, but He will impose blame upon you for [breaking] what you intended of oaths. So its expiation is the feeding of ten needy people from the average of that which you feed your [own] families or clothing them or the freeing of a slave. But whoever cannot find [or afford it] - then a fast of three days [is required]. That is the expiation for oaths when you have sworn. But guard your oaths. Thus does Allah make clear to you His verses that you may be grateful.
يَا أَيُّهَا الَّذِينَ آمَنُوا لاَ تُحَرِّمُوا طَيِّبَاتِ مَا أَحَلَّ اللَّهُ لَكُمْ وَلاَ تَعْتَدُوا إِنَّ اللَّهَ لاَ يُحِبُّ الْمُعْتَدِينَ (87) وَكُلُوا مِمَّا رَزَقَكُمُ اللَّهُ حَلاَلاً طَيِّبًا وَاتَّقُوا اللَّهَ الَّذِي أَنْتُمْ بِهِ مُؤْمِنُونَ (88) لاَ يُؤَاخِذُكُمُ اللَّهُ بِاللَّغْوِ فِي أَيْمَانِكُمْ وَلَكِنْ يُؤَاخِذُكُمْ بِمَا عَقَّدْتُمُ الأَيْمَانَ فَكَفَّارَتُهُ إِطْعَامُ عَشَرَةِ مَسَاكِينَ مِنْ أَوْسَطِ مَا تُطْعِمُونَ أَهْلِيكُمْ أَوْ كِسْوَتُهُمْ أَوْ تَحْرِيرُ رَقَبَةٍ فَمَنْ لَمْ يَجِدْ فَصِيَامُ ثَلاثَةِ أَيَّامٍ ذَلِكَ كَفَّارَةُ أَيْمَانِكُمْ إِذَا حَلَفْتُمْ وَاحْفَظُوا أَيْمَانَكُمْ كَذَلِكَ يُبَيِّنُ اللَّهُ لَكُمْ آيَاتِهِ لَعَلَّكُمْ تَشْكُرُونَAnd 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.