A woman’s intention to have herself divorced for the sake of the first husband without the second husband’s knowledge
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. If a woman is divorced by her husband with a final divorce, and then another man proposes to her for marriage and she agrees, intending that this second man will divorce her so she can return to her first husband, without this man’s knowledge, is it valid for her to return to her first husband if he divorces her, knowing that she worked to have him divorce her after she had exhausted him?
Answer:
She commits a sin for this action. As for her husband, he does not make her lawful for the first husband; because he did not intend to act as a means of divorce. Her second husband did not intend to act as a means of divorce, nor did her first husband, nor the guardian; none of them intended to act as a means of divorce. Only she intended it in her heart, and this is a sin for her only. So if the second husband divorces her, she becomes lawful for the first husband, and she commits a sin for her intention, and she commits a sin for harming the second husband and forcing him to divorce her. She commits a sin for both matters. In the hadith:Musannaf Ibn Abi Shaybah 8:1348. Yes.
He says: Honorable Shaykh, may Allah grant you success. If a woman is divorced by her husband with a final divorce, and then another man proposes to her for marriage and she agrees, intending that this second man will divorce her so she can return to her first husband, without this man’s knowledge, is it valid for her to return to her first husband if he divorces her, knowing that she worked to have him divorce her after she had exhausted him?
Answer:
She commits a sin for this action. As for her husband, he does not make her lawful for the first husband; because he did not intend to act as a means of divorce. Her second husband did not intend to act as a means of divorce, nor did her first husband, nor the guardian; none of them intended to act as a means of divorce. Only she intended it in her heart, and this is a sin for her only. So if the second husband divorces her, she becomes lawful for the first husband, and she commits a sin for her intention, and she commits a sin for harming the second husband and forcing him to divorce her. She commits a sin for both matters. In the hadith:
She asked her husband for a divorce without any cause; it is forbidden for her to smell the fragrance of Paradise
سألت زوجها الطلاق من غير ما بأس حرام عليها رائحة الجنة
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - 081-باب الشك في الطلاق - باب الرجعة - 16-2-25 هـ — archive.org (18:49)
The Arabic text is a machine transcription of the audio recording.
