Divorce of a woman after the marriage contract but before consummation
Machine translationRead the Arabic original
Question:
This questioner says: A man contracted marriage with a woman, and after the contract the woman was afflicted with a mental illness and became in a very bad state. She says, “Divorce me,” and she does not sleep at night or during the day. So the husband was present, and the Shaykh who was reciting to her asked him to divorce her with one divorce and then take her back. So he divorced her under pressure from her family and from the Shaykh, and because he desires her and she desires him, and he has not consummated the marriage with her. What is the ruling in their case?
Answer:
May Allah reward you. As long as he divorced her before consummation, she is separated from him; she is separated from him even with one divorce. If he divorced before consummation, that is the end of it. But if it was one divorce, he may contract marriage with her anew. He does not say, “I am taking her back”; he says, “I am contracting a new marriage with her.” There is no harm in that.
This questioner says: A man contracted marriage with a woman, and after the contract the woman was afflicted with a mental illness and became in a very bad state. She says, “Divorce me,” and she does not sleep at night or during the day. So the husband was present, and the Shaykh who was reciting to her asked him to divorce her with one divorce and then take her back. So he divorced her under pressure from her family and from the Shaykh, and because he desires her and she desires him, and he has not consummated the marriage with her. What is the ruling in their case?
Answer:
May Allah reward you. As long as he divorced her before consummation, she is separated from him; she is separated from him even with one divorce. If he divorced before consummation, that is the end of it. But if it was one divorce, he may contract marriage with her anew. He does not say, “I am taking her back”; he says, “I am contracting a new marriage with her.” There is no harm in that.
Source
75-اللقاء الأسبوعي مع الشيخ صالح الفوزان - 32 — archive.org (47:15)
The Arabic text is a machine transcription of the audio recording.
