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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling if a woman marries with the intention of dissolving her marriage for the first husband?

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The questioner : Yes. Did the woman mean divorce?

The Shaykh : If.

The questioner : The wife.

The Shaykh : Yes, meaning she is the one who intended the dissolution, yes.

The questioner : So that it is carried out against him.

The Shaykh : Yes, where did you get this example from? Yes. From reality? In any case, there is scholarly disagreement on this issue. Some say that one who does not have the power of divorce in his hand, his intention has no effect, and the woman does not have the power of divorce in her hand, so her intention has no effect. And if she makes his life difficult, he says, "Praise be to Allah, you are now defiant, you are now defiant, she makes his life difficult." What does he do with her? He says, "Stay in your home and with your family, and when the [husband] comes down, may Allah give you life," and thus the intended outcome is thwarted. But some scholars said that if she succeeds in harming him until he is fed up and divorces her, she does not become lawful for the first husband; she is punished with the opposite of her intention. This is a matter of sharia policy, and sharia policy has no limits as long as it does not contradict the Shari'ah, because its purpose is reconciliation. 'Umar (may Allah be pleased with him) even prevented the husband from his right of taking back the wife as a deterrent against persisting in the forbidden.
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 174 - 210 الحكم إذا تزوجت المرأة وفي نيتها أن تحلل نفسها للزوج الأول؟ منظومة أصول الفقه - ابن عثيمين — youtube.com

The Arabic text is a machine transcription of the audio recording.

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