The ruling on divorcing a wife via a recorded tape
Machine translationRead the Arabic original
The questioner:
A man is married and is in a country other than the one where his wife is. Due to some matter that occurred, he wanted to divorce his wife, so he sent her a tape on which was recorded the words, "You are divorced from the day this tape reaches you." After six months had passed, he returned to his country and found his wife in his home waiting for his return; she did not accept the divorce recorded on the tape. He now wants to take her back. What is to be done after six months have passed since the tape was sent?
The Shaykh:
As long as the tape reached her, a divorce takes effect on her by it, and her belief that it is not valid does not benefit her, for a divorce takes effect on her by it. If he finds her during the waiting period when it arrived and three menstrual cycles have not passed for her, he takes her back without the need for a new contract. If three menstrual cycles have passed for her, which is the most likely case, then in six months there will usually be more than three menstrual cycles. So if three menstrual cycles have passed for her after the tape reached her, she is not lawful for him except by a new contract with her consent and observing the remaining conditions. He has no right to approach her if he finds her in his home until the contract is completed, if she has menstruated three times after the tape reached her, because by the passage of three menstrual cycles she has separated from him, a lesser separation, a lesser separation by which she owns herself. But if he takes her back by the new contract, there is no harm. Yes.
The presenter:
The criterion is the menstruation itself, not considering that every menstrual cycle is in every month.
The Shaykh:
Yes, by the menstruation itself.
The presenter:
By the menstruation, even if it takes more than three or four months.
The Shaykh:
Yes.
The presenter:
May Allah reward you.
A man is married and is in a country other than the one where his wife is. Due to some matter that occurred, he wanted to divorce his wife, so he sent her a tape on which was recorded the words, "You are divorced from the day this tape reaches you." After six months had passed, he returned to his country and found his wife in his home waiting for his return; she did not accept the divorce recorded on the tape. He now wants to take her back. What is to be done after six months have passed since the tape was sent?
The Shaykh:
As long as the tape reached her, a divorce takes effect on her by it, and her belief that it is not valid does not benefit her, for a divorce takes effect on her by it. If he finds her during the waiting period when it arrived and three menstrual cycles have not passed for her, he takes her back without the need for a new contract. If three menstrual cycles have passed for her, which is the most likely case, then in six months there will usually be more than three menstrual cycles. So if three menstrual cycles have passed for her after the tape reached her, she is not lawful for him except by a new contract with her consent and observing the remaining conditions. He has no right to approach her if he finds her in his home until the contract is completed, if she has menstruated three times after the tape reached her, because by the passage of three menstrual cycles she has separated from him, a lesser separation, a lesser separation by which she owns herself. But if he takes her back by the new contract, there is no harm. Yes.
The presenter:
The criterion is the menstruation itself, not considering that every menstrual cycle is in every month.
The Shaykh:
Yes, by the menstruation itself.
The presenter:
By the menstruation, even if it takes more than three or four months.
The Shaykh:
Yes.
The presenter:
May Allah reward you.
Source
قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، 8039 - حكم طلاق الزوجة عبر شريط مسجل- نور على الدرب — youtube.com
The Arabic text is a machine transcription of the audio recording.