Review after khul' with a new contract if the khul' was a single divorce
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Fatwa number ( 103 )
Q: I have a sister named (N. M. D.) and her husband is named (K. S. F.). About three years ago, a discussion occurred between them that led my sister to insist on asking for a divorce from her husband. So, she offered him her share, which is one-third of the land they jointly purchased, and he accepted this in exchange for her divorce. The couple went to the mediator, Huyayshil ibn Salem al-Dawasi, and the mediator wrote a divorce for her according to the Sunnah, on the condition that she give him the land. After a day or two, the woman showed the paper to the reciters, and they told her: this paper does not contain a clear divorce. The couple returned, thinking that the divorce in the paper was not valid, and there was no contract between them. After a while, a divorce occurred that al-Nasibi confirmed as a single divorce. After a while, something like a divorce occurred, and we went to Shaykh al-Sulayman, but he did not confirm it as a divorce; rather, he said: it is not considered anything. Is she permissible for him?
A: If (K. S. F.) ordered Huyayshil to write a divorce for her according to the Sunnah on the condition that the woman pay him the aforementioned land, and the woman agreed to that, and the divorce took place based on this condition, and the husband did not pronounce a triple divorce, then it is a divorce and a khul', so she becomes permissible for him with a new contract with its conditions, a new mahr, and her consent.
As for if the husband divorced her three times on the condition that she give him the land and she agreed to that, then she does not become permissible for him until she marries another husband. As for the divorce that occurred after the khul', it is nullified; because it did not coincide with a valid marriage, so it is lifted. They are excused regarding the resumption of the marriage due to the presence of ambiguity from the concurrence of the divorce and the khul', and the children born during this period are their children. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I have a sister named (N. M. D.) and her husband is named (K. S. F.). About three years ago, a discussion occurred between them that led my sister to insist on asking for a divorce from her husband. So, she offered him her share, which is one-third of the land they jointly purchased, and he accepted this in exchange for her divorce. The couple went to the mediator, Huyayshil ibn Salem al-Dawasi, and the mediator wrote a divorce for her according to the Sunnah, on the condition that she give him the land. After a day or two, the woman showed the paper to the reciters, and they told her: this paper does not contain a clear divorce. The couple returned, thinking that the divorce in the paper was not valid, and there was no contract between them. After a while, a divorce occurred that al-Nasibi confirmed as a single divorce. After a while, something like a divorce occurred, and we went to Shaykh al-Sulayman, but he did not confirm it as a divorce; rather, he said: it is not considered anything. Is she permissible for him?
A: If (K. S. F.) ordered Huyayshil to write a divorce for her according to the Sunnah on the condition that the woman pay him the aforementioned land, and the woman agreed to that, and the divorce took place based on this condition, and the husband did not pronounce a triple divorce, then it is a divorce and a khul', so she becomes permissible for him with a new contract with its conditions, a new mahr, and her consent.
As for if the husband divorced her three times on the condition that she give him the land and she agreed to that, then she does not become permissible for him until she marries another husband. As for the divorce that occurred after the khul', it is nullified; because it did not coincide with a valid marriage, so it is lifted. They are excused regarding the resumption of the marriage due to the presence of ambiguity from the concurrence of the divorce and the khul', and the children born during this period are their children. 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.