A woman whose husband divorced her while she was unaware, and she gave birth, then afterwards he reunited with her and treated her as a husband treats his wife

The questioner : ... and the divorce did not reach her, so she gave birth. He divorced her in a gathering where she was not informed that he had divorced her, and the woman gave birth, then he continued with her, and after that he went to a distant place, and then he mentioned, of course, that he had divorced her before she gave birth.

The Shaykh : When did he divorce her?

The questioner : Before she gave birth; meaning he said to the imam, "My wife is divorced," but this matter did not reach the wife. Then afterwards, of course, he reunited with her and treated her as a husband treats his wife, then he left these lands for other lands, and in those lands he asked one of the scholars, and he said to him: Your wife is divorced, so you need to contract a new marriage with her. Is it a condition that the wife must know about the divorce for it to take effect?

The Shaykh : I do not believe that it is a condition for the wife to know, but it is a condition that he bears witness to the divorce. So if he did not divorce with a lawful divorce and did not bear witness to it—and this is part of the Sunnah divorce—then the divorce has taken effect, whether she knew or did not know. Because the matter is as he (peace and blessings be upon him) said: ; so the woman has no connection to the matter, whether she knew or did not know.

The questioner : This is our brotherThe Shaykh : Shaykh Ali issued a fatwa for him, and I replied to him, saying that she must know, and the divorce has not taken effect.

The Shaykh : What evidence did he bring?

The questioner : He has no evidence other than the statement alone.

The Shaykh : We ask Allah for guidance for us and for him.