Ruling on taking back a wife who was divorced in a state of emaciation
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The Book of Divorce is a book of transactions; because we found a statement by Imam al-Nawawi in al-Majmu' where he said: The jurists' terminology differs from that of the usul scholars,For example, the usul scholars said: Doubt is what fluctuates between two things—the usul scholars' classification is well known—whereas the jurists' classification, as you know, is that they consider doubt to be doubt even if it is accompanied by a preponderance of probability. But is this applied, for example, in the Book of Divorce? And if someone says, for example, "I took her back falsely," is this considered a taking back?
First: What is established with certainty is not removed by probability,This is a rule: And so, when it was reported to the Prophet (peace and blessings be upon him) that a man felt something in his belly and feared he had broken his state of ritual purity, he said: "He should not leave until he hears a sound or finds a gas." So certainty is not removed by probability; certainty is not removed except by certainty. Accordingly, if a man conditions his wife's divorce on something, and he doubts whether that thing happened or not, there is no divorce on him, even if he is convinced in his mind that it happened; there is no divorce on him.
As for the issue of distinguishing between probability and doubt: It is known that the usul scholars divide perception into five categories: knowledge, probability, doubt, hesitation, and ignorance.
And as for the jurists, they say: Either certainty alone, and certainty and probability do not remove certainty, and this is an important rule.
The questioner: If he said, "I took her back," and the man said he was lying in that and was not truthful, and he admitted to this?The Shaykh: He claimed that he took back his wife, and the wife denied it?The questioner: Rather, he himself denied it and said, "I said that falsely." Is this considered a taking back or not?The Shaykh: You know that an admission concerning the right of another person, if a person retracts it, is not accepted regarding the right of another person,So if he said: He took back his wife, and then when she claimed against him that he should provide for her and so on, he said, "As for taking her back, I was lying when I said I took her back." This does not drop her right to maintenance; because this concerns the right of another person. But if it is an admission that does not concern the right of another person, then he has the right to retract it.
The Book of Divorce is a book of transactions; because we found a statement by Imam al-Nawawi in al-Majmu' where he said: The jurists' terminology differs from that of the usul scholars,For example, the usul scholars said: Doubt is what fluctuates between two things—the usul scholars' classification is well known—whereas the jurists' classification, as you know, is that they consider doubt to be doubt even if it is accompanied by a preponderance of probability. But is this applied, for example, in the Book of Divorce? And if someone says, for example, "I took her back falsely," is this considered a taking back?
First: What is established with certainty is not removed by probability,This is a rule: And so, when it was reported to the Prophet (peace and blessings be upon him) that a man felt something in his belly and feared he had broken his state of ritual purity, he said: "He should not leave until he hears a sound or finds a gas." So certainty is not removed by probability; certainty is not removed except by certainty. Accordingly, if a man conditions his wife's divorce on something, and he doubts whether that thing happened or not, there is no divorce on him, even if he is convinced in his mind that it happened; there is no divorce on him.
As for the issue of distinguishing between probability and doubt: It is known that the usul scholars divide perception into five categories: knowledge, probability, doubt, hesitation, and ignorance.
And as for the jurists, they say: Either certainty alone, and certainty and probability do not remove certainty, and this is an important rule.
The questioner: If he said, "I took her back," and the man said he was lying in that and was not truthful, and he admitted to this?The Shaykh: He claimed that he took back his wife, and the wife denied it?The questioner: Rather, he himself denied it and said, "I said that falsely." Is this considered a taking back or not?The Shaykh: You know that an admission concerning the right of another person, if a person retracts it, is not accepted regarding the right of another person,So if he said: He took back his wife, and then when she claimed against him that he should provide for her and so on, he said, "As for taking her back, I was lying when I said I took her back." This does not drop her right to maintenance; because this concerns the right of another person. But if it is an admission that does not concern the right of another person, then he has the right to retract it.