Divorce and the taking back of a divorced wife must be done with explicit words
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His Eminence the Shaykh: Is an implicit expression of taking back a wife in the second or first divorce considered a valid taking back? For example, if he says: "She is in my protection," or "I will not leave her to anyone, even if the people of the earth were to gather," or something like that, O honorable Shaykh?
No,His statement: "She is in my protection."
This is not a taking back; because she is in his protection, the taking back is in the protection of the husband;because of His saying, the Exalted: [al-Baqarah:228] And as for his saying: "I will not leave her to anyone."
This also is not a taking back, but it is a promise that he will take her back. What a person must do is make his contracts and their dissolutions explicit and clear, so that there is no confusion for him, or for the judge, or for the mufti. He should be explicit. Yes, perhaps if the man were brought and asked, "What did you mean when you said: 'She is in my protection'?"He said: It means that I am taking her back.
So we may say: He would rule in favor of the taking back due to the generality of the saying of the Prophet (peace and blessings be upon him and his family): "Actions are only by intentions, and every person will have only what he intended."
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The questioner: Is there a difference between the minor and major separation in divorce?The Shaykh: The minor separation is that which makes her lawful for her husband with a new contract, and the major separation is that which does not make her lawful for him except after another husband. It is not the separation of the two divorces, but if he divorces her in exchange for compensation, then this is a minor separation.And if he divorced her three times: One divorce, then he takes her back; one divorce, then he takes her back; one divorce, then this is a major separation.
And whether the waiting period has ended or not, he has no right to take her back except after another husband, in the case of major separation. He cannot marry her except after another husband. In the case of minor separation, he can marry her with a contract, whether the waiting period has ended or not. Even if she is in her waiting period, he cannot marry her except with a contract.Meaning: If he divorces her in exchange for compensation, even if it is just one dirham, he can no longer take her back except with a new contract.And for this reason, if a woman says to her husband: "O so-and-so! Divorce me," and you know that he will divorce you, but you fear that if he divorces you, he will take you back.So she said: "You are a poor man in need, divorce me for one hundred riyals."So he said: "I have divorced you for one hundred riyals." Now he cannot take her back except with a new contract, her consent, a bridal gift, and a guardian; because it was a divorce in exchange for compensation.
No,His statement: "She is in my protection."
This is not a taking back; because she is in his protection, the taking back is in the protection of the husband;because of His saying, the Exalted:
And their husbands have more right to take them back in this
وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَلِكَThis also is not a taking back, but it is a promise that he will take her back. What a person must do is make his contracts and their dissolutions explicit and clear, so that there is no confusion for him, or for the judge, or for the mufti. He should be explicit. Yes, perhaps if the man were brought and asked, "What did you mean when you said: 'She is in my protection'?"He said: It means that I am taking her back.
So we may say: He would rule in favor of the taking back due to the generality of the saying of the Prophet (peace and blessings be upon him and his family): "Actions are only by intentions, and every person will have only what he intended."
) .
The questioner: Is there a difference between the minor and major separation in divorce?The Shaykh: The minor separation is that which makes her lawful for her husband with a new contract, and the major separation is that which does not make her lawful for him except after another husband. It is not the separation of the two divorces, but if he divorces her in exchange for compensation, then this is a minor separation.And if he divorced her three times: One divorce, then he takes her back; one divorce, then he takes her back; one divorce, then this is a major separation.
And whether the waiting period has ended or not, he has no right to take her back except after another husband, in the case of major separation. He cannot marry her except after another husband. In the case of minor separation, he can marry her with a contract, whether the waiting period has ended or not. Even if she is in her waiting period, he cannot marry her except with a contract.Meaning: If he divorces her in exchange for compensation, even if it is just one dirham, he can no longer take her back except with a new contract.And for this reason, if a woman says to her husband: "O so-and-so! Divorce me," and you know that he will divorce you, but you fear that if he divorces you, he will take you back.So she said: "You are a poor man in need, divorce me for one hundred riyals."So he said: "I have divorced you for one hundred riyals." Now he cannot take her back except with a new contract, her consent, a bridal gift, and a guardian; because it was a divorce in exchange for compensation.