Taking Back a Wife by Saying “You Are Taken Back” Despite the Wife’s Refusal
Machine translationRead the Arabic original
Question:
The Shaykh’s view is that a man divorced his wife and then regretted it and said the words, “You are taken back,” but his wife refused. Does the divorce take effect or not? It is known that she is still in the waiting period.
Answer:
The divorce takes effect. If it was less than three divorces, he has the right to take her back, and the taking back is valid by saying, “You are taken back” or “I have taken you back.” This is valid even if she does not consent. She has no say in this matter; it is his right. He has more right to take her back in this regard. Therefore, the wife has no say in the taking back, whether she consents or not, because this is the husband’s right. Yes.
The Shaykh’s view is that a man divorced his wife and then regretted it and said the words, “You are taken back,” but his wife refused. Does the divorce take effect or not? It is known that she is still in the waiting period.
Answer:
The divorce takes effect. If it was less than three divorces, he has the right to take her back, and the taking back is valid by saying, “You are taken back” or “I have taken you back.” This is valid even if she does not consent. She has no say in this matter; it is his right. He has more right to take her back in this regard. Therefore, the wife has no say in the taking back, whether she consents or not, because this is the husband’s right. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 55 من 89|شرح العدة في شرح العمدة|كتاب الصداق|باب الخلع|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:06:38)
The Arabic text is a machine transcription of the audio recording.