Divorce of a wife in exchange for money: is she permissible for him?
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Fatwa No. ( 4 )
Q: In his submission, he stated that he divorced his wife with a divorce according to the Sunnah, and he wishes
to take her back. End of question. A check issued by a notary public in al-Qarn, registered with number (227) and dated 19/11/1391 AH, was attached to the submission, and it contained the following text: “We have reconciled and agreed, by our own will and choice, that the husband (S. M.) shall divorce his wife (F. M.) and (E. M. Sh.) shall waive all claims he makes on behalf of his client against his sister’s husband, including maintenance and other matters, for his sister and her children. (S. M.) divorced his wife (F. M.) with a divorce according to the Sunnah, one revocable divorce, effective from the day of 8/11/1391 AH. End of the intended text.”
After the Committee’s study of the inquiry and in light of what was stated in the check, it responded with the following answer: This divorce that occurred was one revocable divorce in exchange for (E. M. Sh.) waiving all claims he makes on behalf of his client against his sister’s husband, including maintenance and other matters. Since it is a divorce contingent upon compensation, it is a final divorce (ba'in) with regard to the husband’s use of the word of divorce in exchange for compensation, and it is a khul' (divorce at the wife's request for compensation) in that it is a divorce in exchange for compensation. Accordingly, if this divorce was not the third of three, he may marry her again with a new contract, subject to its conditions and her consent. If this divorce was the third of three, she is not lawful for him until she marries another husband. This is the basis upon which the signature was obtained.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: In his submission, he stated that he divorced his wife with a divorce according to the Sunnah, and he wishes
to take her back. End of question. A check issued by a notary public in al-Qarn, registered with number (227) and dated 19/11/1391 AH, was attached to the submission, and it contained the following text: “We have reconciled and agreed, by our own will and choice, that the husband (S. M.) shall divorce his wife (F. M.) and (E. M. Sh.) shall waive all claims he makes on behalf of his client against his sister’s husband, including maintenance and other matters, for his sister and her children. (S. M.) divorced his wife (F. M.) with a divorce according to the Sunnah, one revocable divorce, effective from the day of 8/11/1391 AH. End of the intended text.”
After the Committee’s study of the inquiry and in light of what was stated in the check, it responded with the following answer: This divorce that occurred was one revocable divorce in exchange for (E. M. Sh.) waiving all claims he makes on behalf of his client against his sister’s husband, including maintenance and other matters. Since it is a divorce contingent upon compensation, it is a final divorce (ba'in) with regard to the husband’s use of the word of divorce in exchange for compensation, and it is a khul' (divorce at the wife's request for compensation) in that it is a divorce in exchange for compensation. Accordingly, if this divorce was not the third of three, he may marry her again with a new contract, subject to its conditions and her consent. If this divorce was the third of three, she is not lawful for him until she marries another husband. This is the basis upon which the signature was obtained.
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.