If it becomes clear that the reason upon which the divorce was based is not valid, the divorce does not take effect
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Fatwa No. ( 9519 )
Q: I married a woman, and there was love between us until six years had passed in a good state. Then one day, an incident occurred on her part, so I became very angry and divorced her while she was menstruating, then I took her back, and three years passed between us in an even better state. Then I traveled to the Kingdom , and a message came from her containing ugly insults and curses. I became very angry, so I sent her a divorce. Then after
a month, I sent a third one. When I returned to my country, it became clear to me that the message was not from her, but the one who wrote it confessed to his sin. I became like a madman, understanding nothing, and I wept until my tears flowed down my beard (and I became a *mughith*) , or even more so; because the *mughith* was not weeping with him, but Barirah was. Here, I am weeping, and my wife is weeping over my separation, and I am over her separation, and I have a son from her. When the scholars saw me, they asked for me, and I narrated the story to them as I mentioned. One of the scholars said: What appears to me is that the first divorce did not take effect, because it was during menstruation. The other said: I have another point: Zayd attributed the divorce to a cause. If it becomes clear that the cause is absent, the divorce does not take effect. Mentioning the attribution in the wording is not a condition, as mentioned by al-Hafiz Ibn al-Qayyim (may Allah have mercy on him) in his book: (I'lam al-Muwaqqi'in), where he writes: If the divorce is attributed to a cause, and then it becomes clear that it is absent, the school of Ahmad is that the divorce does not take effect with it. And in the view of our Shaykh, mentioning the attribution in the wording is not a condition, and there is no difference in my view between divorcing her for a cause mentioned in the wording or not mentioned. If it becomes clear that it is absent, the divorce does not take effect. This is what is fitting for the school, and nothing else, and the rules of the Imams do not require anything else. (I'lam al-Muwaqqi'in) p. 91, vol. 3. And al-Hafiz Muhammad Jundalawi , who is one of the *huffaz* of hadith,
and its narrators, and the scholar *muhaddith* who studied al-Bukhari for seventy years, and used to teach at the university—perhaps you know him, your eminence—and he is the son-in-law of the scholar Ihsan 'Ilahi Zahir , extracted a precious point, which is: that the third divorce did not take effect, because it was sent after the second, and there was no taking back between them. And it is the school of the Shaykh al-Islam Imam Ibn Taymiyyah (may Allah have mercy on him)
A: If the reality is as mentioned regarding the cause of the divorce that prompted it, it is not considered and is not valid; because it became clear afterwards that the requirement for it did not occur, so it was idle talk. Likewise, the third one does not take effect if its cause is the same as the cause of the second divorce; rather, it is idle talk. Likewise, the first divorce does not take effect because it was during menstruation. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: I married a woman, and there was love between us until six years had passed in a good state. Then one day, an incident occurred on her part, so I became very angry and divorced her while she was menstruating, then I took her back, and three years passed between us in an even better state. Then I traveled to the Kingdom , and a message came from her containing ugly insults and curses. I became very angry, so I sent her a divorce. Then after
a month, I sent a third one. When I returned to my country, it became clear to me that the message was not from her, but the one who wrote it confessed to his sin. I became like a madman, understanding nothing, and I wept until my tears flowed down my beard (and I became a *mughith*) , or even more so; because the *mughith* was not weeping with him, but Barirah was. Here, I am weeping, and my wife is weeping over my separation, and I am over her separation, and I have a son from her. When the scholars saw me, they asked for me, and I narrated the story to them as I mentioned. One of the scholars said: What appears to me is that the first divorce did not take effect, because it was during menstruation. The other said: I have another point: Zayd attributed the divorce to a cause. If it becomes clear that the cause is absent, the divorce does not take effect. Mentioning the attribution in the wording is not a condition, as mentioned by al-Hafiz Ibn al-Qayyim (may Allah have mercy on him) in his book: (I'lam al-Muwaqqi'in), where he writes: If the divorce is attributed to a cause, and then it becomes clear that it is absent, the school of Ahmad is that the divorce does not take effect with it. And in the view of our Shaykh, mentioning the attribution in the wording is not a condition, and there is no difference in my view between divorcing her for a cause mentioned in the wording or not mentioned. If it becomes clear that it is absent, the divorce does not take effect. This is what is fitting for the school, and nothing else, and the rules of the Imams do not require anything else. (I'lam al-Muwaqqi'in) p. 91, vol. 3. And al-Hafiz Muhammad Jundalawi , who is one of the *huffaz* of hadith,
and its narrators, and the scholar *muhaddith* who studied al-Bukhari for seventy years, and used to teach at the university—perhaps you know him, your eminence—and he is the son-in-law of the scholar Ihsan 'Ilahi Zahir , extracted a precious point, which is: that the third divorce did not take effect, because it was sent after the second, and there was no taking back between them. And it is the school of the Shaykh al-Islam Imam Ibn Taymiyyah (may Allah have mercy on him)
A: If the reality is as mentioned regarding the cause of the divorce that prompted it, it is not considered and is not valid; because it became clear afterwards that the requirement for it did not occur, so it was idle talk. Likewise, the third one does not take effect if its cause is the same as the cause of the second divorce; rather, it is idle talk. Likewise, the first divorce does not take effect because it was during menstruation. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.