I am a young man in my twenties. I married my cousin’s daughter, and one night we had a quarrel, and Satan, may Allah curse him, came between us.
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Question: I am a young man in my twenties. I married my cousin’s daughter, and one night we had a quarrel, and Satan, may Allah curse him, came between us. I got angry and hit her in the face and divorced her with three divorces. When I calmed down, I regretted my action. I hope you will tell me if she is permissible for me to remarry, and if I have to make up for anything. Also, what should I do, considering that she was menstruating when I divorced her?
Answer: This case cannot be answered adequately through a written question, because the circumstances of the case must be known, and the wife must be present with her guardian. This can only be done before a judge, or at the Department of Ifta, Research, and Islamic Studies in Riyadh. You must consult one of these two bodies, and you will find, if Allah wills, what is sufficient to resolve your problem. And Allah knows best.
Question: The question is intended from the perspective of the ruling: does the divorce take effect during menstruation?
Answer: Yes, the correct view is that the divorce takes effect during menstruation, and that is because
،His saying: Let him take her back. This is evidence that the divorce was a revocable divorce,Because he does not say: Let him take her back, unless the divorce had taken place.
Question: A problem occurred between my family and my wife in Yemen, and I went to the Sharia court in Jeddah for the divorce. In the court, they asked me for a paper I had written for them, which said: I, the aforementioned So-and-so son of So-and-so, have divorced So-and-so daughter of So-and-so, and I am of sound mind and I sign accordingly. They took the paper from me and gave me an appointment to meet the judge and bring witnesses. I attended at the appointed time with the witnesses, but the judge did not come to the court that day. After that, I reconsidered and withdrew from the divorce. Does this mean the divorce has taken effect from me or not? This happened three years ago, and I now have children from her after that. If the divorce has taken effect, what is the status of the children, and what must I do?
Answer: The divorce that you wrote and intended, this takes effect on you without a doubt,And if this divorce is less than three, i.e.: If no divorce preceded it, then it is permissible for you to take her back by having two witnesses testify that you have taken back your wife, but on the condition that the three divorces have not been exhausted, as we mentioned. In any case, it is obligatory for you to review the court with which you had an appointment for this procedure, and to review with
the judge, by showing him the paper and telling him that you want to take her back, if the waiting period is still ongoing and has not ended. However, if the wife’s waiting period has ended, then taking her back is not valid, and a new contract is necessary, if the three divorces have not been exhausted.
Answer: This case cannot be answered adequately through a written question, because the circumstances of the case must be known, and the wife must be present with her guardian. This can only be done before a judge, or at the Department of Ifta, Research, and Islamic Studies in Riyadh. You must consult one of these two bodies, and you will find, if Allah wills, what is sufficient to resolve your problem. And Allah knows best.
Question: The question is intended from the perspective of the ruling: does the divorce take effect during menstruation?
Answer: Yes, the correct view is that the divorce takes effect during menstruation, and that is because
Ibn 'Umar (may Allah be pleased with him), when he divorced his wife while she was menstruating, the Prophet (peace and blessings be upon him) said: Tell him to take her back.
ابن عمر رضي الله تعالى عنه لما طلق امرأته وهي حائض، قال النبي صلى الله عليه وسلم: مره فليراجعهاQuestion: A problem occurred between my family and my wife in Yemen, and I went to the Sharia court in Jeddah for the divorce. In the court, they asked me for a paper I had written for them, which said: I, the aforementioned So-and-so son of So-and-so, have divorced So-and-so daughter of So-and-so, and I am of sound mind and I sign accordingly. They took the paper from me and gave me an appointment to meet the judge and bring witnesses. I attended at the appointed time with the witnesses, but the judge did not come to the court that day. After that, I reconsidered and withdrew from the divorce. Does this mean the divorce has taken effect from me or not? This happened three years ago, and I now have children from her after that. If the divorce has taken effect, what is the status of the children, and what must I do?
Answer: The divorce that you wrote and intended, this takes effect on you without a doubt,And if this divorce is less than three, i.e.: If no divorce preceded it, then it is permissible for you to take her back by having two witnesses testify that you have taken back your wife, but on the condition that the three divorces have not been exhausted, as we mentioned. In any case, it is obligatory for you to review the court with which you had an appointment for this procedure, and to review with
the judge, by showing him the paper and telling him that you want to take her back, if the waiting period is still ongoing and has not ended. However, if the wife’s waiting period has ended, then taking her back is not valid, and a new contract is necessary, if the three divorces have not been exhausted.