He divorced her and wishes to take her back, but she does not wish to return
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Fatwa No. ( 991 )
Q: He divorced his wife (H. M. S.) without intent, in a fit of anger, and she was pregnant. After she gave birth, he divorced her a second time. He has taken her back before the judge, and his children are with her in a pitiable state. It is difficult for him to separate the mother from her children. Is it permissible to return her to his protection? Upon inquiring with the judge of his region, Wadi Dhamad , about the facts of their case,
he answered: That (A. M. J.) divorced his wife (H. M. S.) mentioned above with one divorce on the condition that his wife bear him his children from her, (A. A.) and (K. A.), until they reach maturity, or that their mother marries. He wrote a document to this effect with number (407) on 29/11/1393 AH. And when it was mentioned that his wife desired him, she was summoned and both were informed of what was contained in the letter of His Eminence the Head of the Departments of Scientific Research and Ifta, and whether she desired him as a husband with her consent through a new contract and a new mahr. She insisted that she did not desire him at all. Her statement was recorded in the register (J 18) and sheet (95) of the year 1394 AH.
A: Since the inquirer (A. M. J.) has divorced his wife (H. M. S.) with one divorce on a condition, as stated by His Eminence the judge, and recorded in document number (407) on 29/11/1393 AH, and since His Eminence the judge summoned the wife based on the husband's desire to return to her and his claim that she desired him, and informed them that it is permissible for her to return to him with a new contract and a new mahr with her consent, and she insisted that she did not desire him at all—and since the matter is thus—there is no way for (A. M. J.) to his wife (H. M.) mentioned above except with a new contract and a new mahr and with her consent.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: He divorced his wife (H. M. S.) without intent, in a fit of anger, and she was pregnant. After she gave birth, he divorced her a second time. He has taken her back before the judge, and his children are with her in a pitiable state. It is difficult for him to separate the mother from her children. Is it permissible to return her to his protection? Upon inquiring with the judge of his region, Wadi Dhamad , about the facts of their case,
he answered: That (A. M. J.) divorced his wife (H. M. S.) mentioned above with one divorce on the condition that his wife bear him his children from her, (A. A.) and (K. A.), until they reach maturity, or that their mother marries. He wrote a document to this effect with number (407) on 29/11/1393 AH. And when it was mentioned that his wife desired him, she was summoned and both were informed of what was contained in the letter of His Eminence the Head of the Departments of Scientific Research and Ifta, and whether she desired him as a husband with her consent through a new contract and a new mahr. She insisted that she did not desire him at all. Her statement was recorded in the register (J 18) and sheet (95) of the year 1394 AH.
A: Since the inquirer (A. M. J.) has divorced his wife (H. M. S.) with one divorce on a condition, as stated by His Eminence the judge, and recorded in document number (407) on 29/11/1393 AH, and since His Eminence the judge summoned the wife based on the husband's desire to return to her and his claim that she desired him, and informed them that it is permissible for her to return to him with a new contract and a new mahr with her consent, and she insisted that she did not desire him at all—and since the matter is thus—there is no way for (A. M. J.) to his wife (H. M.) mentioned above except with a new contract and a new mahr and with her consent.
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.