Is it permissible to take back a wife after khul' (divorce at the wife's request for compensation)?
Machine translationRead the Arabic original
The questioner : This questioner says: A man’s wife went to her parents’ house and refused to return, and her family demanded a divorce.
The Shaykh : Did they demand it, or did she demand it?
The questioner : No, they demanded it from him.
The Shaykh : Yes, I say to him, “Do it” or “Don’t”?
The questioner : No, absolutely not. And a scholar and an agent. And a scribe demanded it.
The Shaykh : What.
The questioner : For a divorce.
The Shaykh : In the language of the Kurof al-Bara'.
The questioner : And they paid twenty thousand on the condition that he divorce her, so he divorced her with one pronouncement. After the divorce was written, he was asked, “Why did you not divorce her except with one pronouncement?” He said, “She is divorced thirty times.” Is it permissible to take her back after four years have passed since the divorce occurred? And may Allah reward you with good.
The Shaykh : I think the issue is clear to you. This is a man whose wife sought separation from him, and in the end she divorced him, meaning she gave him compensation in order for him to separate from her. He actually separated from her and divorced her with one pronouncement. When he was asked why he did not divorce her except with one, he said, “She is divorced thirty times.”
The questioner : Yes. Yes.
The Shaykh : But the last divorce does not catch up with her. I take all of you, hold on. The reason for that is that he caught her in a state of final separation from him. When a woman offers compensation to her husband in order for him to separate from her, she gains control of herself and becomes finally separated from him. However, as the scholars say, it is a minor final separation, meaning she becomes lawful for him again with a new contract. Accordingly, we say to the brother questioner: Your wife is now lawful for you if you wish to contract a new marriage with her with a new mahr (bridal gift), and there is no blame on you in this.
The Shaykh : Did they demand it, or did she demand it?
The questioner : No, they demanded it from him.
The Shaykh : Yes, I say to him, “Do it” or “Don’t”?
The questioner : No, absolutely not. And a scholar and an agent. And a scribe demanded it.
The Shaykh : What.
The questioner : For a divorce.
The Shaykh : In the language of the Kurof al-Bara'.
The questioner : And they paid twenty thousand on the condition that he divorce her, so he divorced her with one pronouncement. After the divorce was written, he was asked, “Why did you not divorce her except with one pronouncement?” He said, “She is divorced thirty times.” Is it permissible to take her back after four years have passed since the divorce occurred? And may Allah reward you with good.
The Shaykh : I think the issue is clear to you. This is a man whose wife sought separation from him, and in the end she divorced him, meaning she gave him compensation in order for him to separate from her. He actually separated from her and divorced her with one pronouncement. When he was asked why he did not divorce her except with one, he said, “She is divorced thirty times.”
The questioner : Yes. Yes.
The Shaykh : But the last divorce does not catch up with her. I take all of you, hold on. The reason for that is that he caught her in a state of final separation from him. When a woman offers compensation to her husband in order for him to separate from her, she gains control of herself and becomes finally separated from him. However, as the scholars say, it is a minor final separation, meaning she becomes lawful for him again with a new contract. Accordingly, we say to the brother questioner: Your wife is now lawful for you if you wish to contract a new marriage with her with a new mahr (bridal gift), and there is no blame on you in this.
Source
دروس وفتاوى المسجد الحرام لعام 1406هـ - 2 — binothaimeen.net (24:05)
The Arabic text is a machine transcription of the audio recording.