Divorced her in exchange for her providing for the children; is it permissible for them to reconcile?
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Fatwa No. ( 179 )
Praise be to Allah alone. And after: The Permanent Committee has reviewed the case referred to the Committee by the General Secretariat of the Council of Senior Scholars, No. (2 \ 877), dated 2 \ 6 \ 1392 AH, concerning the divorce case of the woman (L. B. S.), which concluded with a letter from the Honorable Judge of the Divorce and Marriage Court, No. (736), dated 1 \ 6 \ 1392 AH, expressing his desire to review
the document issued with number (188) and dated 3 \ 28 \ 1392 AH regarding the divorce of the aforementioned woman, and to provide an opinion on whether it is permissible for her ex-husband to take her back or not. Upon the Committee’s review of the said document, it was found to include the attendance of (A. G.) before the Honorable Judge of the Marriage and Divorce Court, accompanied by his wife (L. B.), where he divorced her in the presence of His Honor, saying: “I have divorced my wife (L. B); she is lawful for others and unlawful for me. I have borne the maintenance of my daughter from her, and the maintenance of what is in her womb, if there is anything.” When this was presented to the woman, she denied bearing the maintenance of her daughter and the maintenance of the pregnancy in her womb. Then, the Honorable Judge recorded the aforementioned divorce.
After the Committee studied the said document and the remaining papers attached to it, it wrote the following answer: Since the husband claimed that his divorce was in exchange for his wife bearing the maintenance of his daughter and any pregnancy she might have in her womb, and since his ex-wife denied this, his statement is considered an admission of his khul' (divorce at the wife's request for compensation) from his wife, and she is thereby separated from him. It is stated in al-Muqni': “If he says: ‘I have divorced you for a thousand,’ and you deny it, or she says: ‘I only divorced someone else,’ she is separated, and her word is accepted with her oath regarding the compensation.” And it is stated in the marginalia on his statement: “(She is separated) meaning: by his admission.” End of quote. And since khul' is considered a final divorce, if this divorce of his
is not the third divorce from him regarding the aforementioned wife, then it is permissible for him to take his wife back with a new marriage contract and a mahr (bridal gift) similar to hers, with her consent, after fulfilling the conditions and pillars of the marriage contract. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Praise be to Allah alone. And after: The Permanent Committee has reviewed the case referred to the Committee by the General Secretariat of the Council of Senior Scholars, No. (2 \ 877), dated 2 \ 6 \ 1392 AH, concerning the divorce case of the woman (L. B. S.), which concluded with a letter from the Honorable Judge of the Divorce and Marriage Court, No. (736), dated 1 \ 6 \ 1392 AH, expressing his desire to review
the document issued with number (188) and dated 3 \ 28 \ 1392 AH regarding the divorce of the aforementioned woman, and to provide an opinion on whether it is permissible for her ex-husband to take her back or not. Upon the Committee’s review of the said document, it was found to include the attendance of (A. G.) before the Honorable Judge of the Marriage and Divorce Court, accompanied by his wife (L. B.), where he divorced her in the presence of His Honor, saying: “I have divorced my wife (L. B); she is lawful for others and unlawful for me. I have borne the maintenance of my daughter from her, and the maintenance of what is in her womb, if there is anything.” When this was presented to the woman, she denied bearing the maintenance of her daughter and the maintenance of the pregnancy in her womb. Then, the Honorable Judge recorded the aforementioned divorce.
After the Committee studied the said document and the remaining papers attached to it, it wrote the following answer: Since the husband claimed that his divorce was in exchange for his wife bearing the maintenance of his daughter and any pregnancy she might have in her womb, and since his ex-wife denied this, his statement is considered an admission of his khul' (divorce at the wife's request for compensation) from his wife, and she is thereby separated from him. It is stated in al-Muqni': “If he says: ‘I have divorced you for a thousand,’ and you deny it, or she says: ‘I only divorced someone else,’ she is separated, and her word is accepted with her oath regarding the compensation.” And it is stated in the marginalia on his statement: “(She is separated) meaning: by his admission.” End of quote. And since khul' is considered a final divorce, if this divorce of his
is not the third divorce from him regarding the aforementioned wife, then it is permissible for him to take his wife back with a new marriage contract and a mahr (bridal gift) similar to hers, with her consent, after fulfilling the conditions and pillars of the marriage contract. 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.