Who said to his wife, “You are forbidden to me”
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The fifth question of the fatwa numbered ( 6759 )
Q5: What is the ruling on one who says to his wife: “You are forbidden to me”?
A5: If he intends by forbidding his wife to himself to divorce her, this is considered one divorce. He has the right to take back a wife with whom he has consummated the marriage as long as she is in the waiting period, provided that the forbiddance was not the third of three divorces; otherwise, she is not lawful to him except after another husband marries her in a lawful marriage. As for a wife with whom he has not consummated the marriage, she is not lawful to him to take back except with a new contract and a new bridal gift, with her consent.
And if he did not intend by the forbiddance to divorce her, it is not considered a divorce, and he owes the expiation for zihar, which is freeing a believing slave. If he does not find one, then fasting two consecutive months. If he is unable to do so, then feeding sixty poor people. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q5: What is the ruling on one who says to his wife: “You are forbidden to me”?
A5: If he intends by forbidding his wife to himself to divorce her, this is considered one divorce. He has the right to take back a wife with whom he has consummated the marriage as long as she is in the waiting period, provided that the forbiddance was not the third of three divorces; otherwise, she is not lawful to him except after another husband marries her in a lawful marriage. As for a wife with whom he has not consummated the marriage, she is not lawful to him to take back except with a new contract and a new bridal gift, with her consent.
And if he did not intend by the forbiddance to divorce her, it is not considered a divorce, and he owes the expiation for zihar, which is freeing a believing slave. If he does not find one, then fasting two consecutive months. If he is unable to do so, then feeding sixty poor people. 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.
