Pronouncing divorce entails legal consequences even if it is not written down
Machine translationRead the Arabic original
The second question of Fatwa No. ( 18283 )
Q2: A woman did not sleep with her husband for three months, so she is considered forbidden to him. Then he slept with her, and two weeks later he forbade her and she remained in her home for (5) months. He divorced her without a paper or witnesses, but in front of relatives. She left without his permission, so he returned and said: the divorce is not established by the paper, so he can take her back whenever he wishes, as he has more right to her in judgment than her father. Can he take her back? What are the conditions, and how is the first taking back considered?
A: First: If a period of time passes for the husband and he does not have intercourse with his wife, then the lack of intercourse does not make her forbidden to him as long as he has not divorced her. Even if he is thereby neglecting his duty, the rules of ila' (oath to abstain) apply to him, and their reference is the Shari'ah courts. Second: If the husband divorces his wife with one divorce after consummation, then takes her back while she is in the waiting period, she returns to being his wife, and he has two divorces remaining. It is sufficient for him to take her back by saying, "I have taken back my wife," and two men testify to that. However, if he does not take her back until after she has exited the waiting period, then his taking her back is not valid. He must have a new contract and a new mahr with her consent. Allah has clarified the divorced women in Surat al-Baqarah and in Surat al-Talaq. Third: Pronouncing divorce entails its Shari'ah consequences, even if he does not write it down or register it with the competent authority. Whenever he speaks it and is of sound mind
regarding it, it takes effect even if it is not registered. The details of this in case of disagreement are with the Shari'ah courts. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q2: A woman did not sleep with her husband for three months, so she is considered forbidden to him. Then he slept with her, and two weeks later he forbade her and she remained in her home for (5) months. He divorced her without a paper or witnesses, but in front of relatives. She left without his permission, so he returned and said: the divorce is not established by the paper, so he can take her back whenever he wishes, as he has more right to her in judgment than her father. Can he take her back? What are the conditions, and how is the first taking back considered?
A: First: If a period of time passes for the husband and he does not have intercourse with his wife, then the lack of intercourse does not make her forbidden to him as long as he has not divorced her. Even if he is thereby neglecting his duty, the rules of ila' (oath to abstain) apply to him, and their reference is the Shari'ah courts. Second: If the husband divorces his wife with one divorce after consummation, then takes her back while she is in the waiting period, she returns to being his wife, and he has two divorces remaining. It is sufficient for him to take her back by saying, "I have taken back my wife," and two men testify to that. However, if he does not take her back until after she has exited the waiting period, then his taking her back is not valid. He must have a new contract and a new mahr with her consent. Allah has clarified the divorced women in Surat al-Baqarah and in Surat al-Talaq. Third: Pronouncing divorce entails its Shari'ah consequences, even if he does not write it down or register it with the competent authority. Whenever he speaks it and is of sound mind
regarding it, it takes effect even if it is not registered. The details of this in case of disagreement are with the Shari'ah courts. 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.