The Ambiguous Divorcee, the Drawing of Lots, and Returning Her to Him
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success. In the words of al-Mutawalli (may Allah have mercy on him): “And if it becomes clear that the divorced woman is not the one who was drawn by lot, she is returned to him, provided she has not married or the drawing of lots was done by a judge.” The question is: What is the ruling regarding the other wife, whether the one who was found not to be divorced is returned to him or not?
The Shaykh:
What is the other wife? What does the question say?
The questioner:
He says: In the words of the author, “And if it becomes clear that the divorced woman is not the one who was drawn by lot, she is returned to him, provided she has not married or the drawing of lots was done by a judge.” The question is: What is the ruling regarding the other wife, whether the one who was found not to be divorced is returned to him or not, because she has married or the drawing of lots was done by a judge’s ruling?
The Shaykh:
His wife remains, but if she is returned to him, he divorces the one he has, because it has become clear that that one was not the divorced one. So the divorce falls on the one who remained and did not leave.
The questioner:
He says: Honorable Shaykh, may Allah grant you success.
The Shaykh:
If he said, “One of you is divorced,” and forgot who the divorced one was, she leaves by drawing of lots, she leaves by drawing of lots. Then it becomes clear that the one who was drawn by lot was not the divorced one, she is returned to him, provided she has not married. If she is returned to him, then the divorce falls on the first one; because the divorce must fall on one of them.
He says: Honorable Shaykh, may Allah grant you success. In the words of al-Mutawalli (may Allah have mercy on him): “And if it becomes clear that the divorced woman is not the one who was drawn by lot, she is returned to him, provided she has not married or the drawing of lots was done by a judge.” The question is: What is the ruling regarding the other wife, whether the one who was found not to be divorced is returned to him or not?
The Shaykh:
What is the other wife? What does the question say?
The questioner:
He says: In the words of the author, “And if it becomes clear that the divorced woman is not the one who was drawn by lot, she is returned to him, provided she has not married or the drawing of lots was done by a judge.” The question is: What is the ruling regarding the other wife, whether the one who was found not to be divorced is returned to him or not, because she has married or the drawing of lots was done by a judge’s ruling?
The Shaykh:
His wife remains, but if she is returned to him, he divorces the one he has, because it has become clear that that one was not the divorced one. So the divorce falls on the one who remained and did not leave.
The questioner:
He says: Honorable Shaykh, may Allah grant you success.
The Shaykh:
If he said, “One of you is divorced,” and forgot who the divorced one was, she leaves by drawing of lots, she leaves by drawing of lots. Then it becomes clear that the one who was drawn by lot was not the divorced one, she is returned to him, provided she has not married. If she is returned to him, then the divorce falls on the first one; because the divorce must fall on one of them.
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - 081-باب الشك في الطلاق - باب الرجعة - 16-2-25 هـ — archive.org (16:31)
The Arabic text is a machine transcription of the audio recording.