A question regarding divorce.

The questioner : In the name of Allah, and may prayers and peace be upon the Messenger of Allah, and upon his family and all his Companions. A girl was proposed to me eleven years ago. A disagreement arose between my family and her family, which angered my mother to the point that she uttered the word "divorced," intending to end the problem, and I did not intend anything? Or I was unaware that she was divorcing me. When she uttered this phrase and the situation between us calmed down, I remembered my state and said to myself, why did I speak? I was in full control of my faculties; there was no intense anger, only a discussion between me and my mother, and the problem arose from that. Then I entered into marriage with her without seeking a fatwa, out of ignorance of the matter. Two years after my entry into the marriage, I remembered what had happened previously and said that my life with this girl would not be lawful. So I went to the Ifta' Department.

The Shaykh : Where?

The questioner : On the roof of the silo here, so I consulted one of them and found no one else?

The Shaykh : First, when did this incident occur? When did you build it? And how long have you been with her?

The questioner : Eleven years ago.

The Shaykh : And when did you seek a fatwa?

The questioner : Two years after my entry into the marriage.

The Shaykh : Two years later, okay. What did they tell you?

The questioner : They told me that the divorce took place and that you are separated from her except by a new contract and a new mahr, and that you owe half the mahr.

The Shaykh : Why did they say you are separated from her?

The questioner : By Allah, I do not know why they said this based on their schools of jurisprudence?

The Shaykh : Did they not give you a fatwa?

The questioner : No, I took their words orally and did not record this matter in the court, so that now there is nothing in the court regarding my previous status. Then I contracted a new marriage with her in the form of the old contract, but without her wali.

The Shaykh : Why?

The questioner : Without her wali.

The Shaykh : Why?

The questioner : Also out of ignorance of the matter, meaning out of fear that problems would arise. Then we proceeded in our marital life, and at that time she was in her post-natal bleeding period for twenty-one days. A disagreement occurred between me and her, and what? Until I said to her, "You are divorced," in her sister's house. "You are divorced, you are divorced, you are divorced, you are divorced, you are divorced." And I intended the divorce with three counts. So they returned her to me, and at that time I had registered this divorce in the court without informing them that she was in her post-natal bleeding period or menstruating. They only took it as a first revocable divorce. So in the courts, this is considered one count of divorce. Then we continued living together, and the situation between me and her worsened. I did not want to pronounce the third divorce so that she would remain with her children. So I suggested to her that I marry, and she refused. After much back and forth between me and her family, her brother, and her, where people mediated that I was ready to make her happy if she remained with her patience, faith, and commitment to her religion, but the situation between us worsened and I wanted to marry. Her answer to me was, "If you want to marry, these are the children, and goodbye." She was pregnant, and her pregnancy was evident.

The Shaykh : How?

The questioner : She was pregnant and her pregnancy was evident. So when I was about to ask for the woman I wanted to marry, I wanted to condition them on whether I had children or not, or whether I was married or not. So I tried to settle the matter between me and her. I said, "Let me think about the matter," and she gave me the final answer: "Take the children, and I will go find my way."

The Shaykh : How many children do you have from her?

The questioner : At that time, there were five: one son and four daughters, and she was pregnant.

The Shaykh : The eldest?

The questioner : The eldest is a girl who is ten years old now. When she gave me this answer, I said to her, "Then you are divorced." I realized that, according to the fatwas, I had three counts of divorce. Then I married another woman and took the children. The relatives intervened, and she intervened saying, "I want my children." May Allah reward the young men with the circles of knowledge, for they reached my ear that the divorce of a menstruating woman does not take place in this way. So I began to research the issue and came across *Zad al-Ma'ad*. You know what is in it. Then I opened the fatwas of Ibn Taymiyyah, and you know what is in them. I found an exit for me to return the girl for the sake of the children and be what? Responsible for her, and enter the house forcefully, meaning I would see my children at the door, and so on. Because I am very emotional, I said that I do not consider the matter according to my own understanding. It is necessary that I meet with you. So I went toThe Shaykh : Abu Malik at the Ministry of Awqaf.

The questioner : Yes.

The questioner : So I presented the matter to him this way, and he said to me, "There is no divorce upon you except one count. The first divorce did not take place because you did not intend it, and the divorce of a menstruating woman does not take place. And this one also, if the pregnancy was not evident."

The Shaykh : If the what?

The questioner : It also does not take place.

The Shaykh : Yes.

The questioner : So I am in confusion about my affair. And now, in the court, two counts of divorce are recorded against me, and I have two wives. Is my life lawful if I keep her under my responsibility, or is it not lawful so that I let her go, meaning she finds her way and I find my way? Knowing that I submitted a petition to the Ifta' Department, and I wanted to cite this matter. Some of the brothers, may Allah reward them with good, said that they are hasty in their fatwas and do not seek the correct evidence. And when I read *Irwaa' al-Ghalil* and what I wrote, I fell into a great vortex. May Allah reward you with good.

The Shaykh : My opinion regarding the counts of divorce ruled upon you in the Sharia court and the ones you built upon is that the matter you are consulting about has been decided. Abu Malik's words are correct. When you do not adopt a divorce that has been executed upon you, meaning as you are now, how are you investigating? This way or that way? One says it took place, and another says the divorce did not take place, and so on. If you do not adopt one of these opinions, and finally you adopt the non-occurrence, then it did not take place, even if the people of the earth gathered to make it take place upon you. But if you went to the court and they gave you a fatwa that the divorce took place, regardless of whether they were right or wrong, and you built your marital life upon that, then as I told you, the matter you are consulting about has been decided, and the sword of justice has preceded. You may now research this count of divorce that you are currently in. But if you reconsider these previous counts, even though they were executed upon you, there is no room for another judge, even though we are not judges, to invalidate that judge's ruling. This is a known matter among jurists, both ancient and modern. A judge adopts an opinion in a school of jurisprudence and rules upon a defendant based on it, and it proceeds accordingly, and the matter is finished. Afterwards, he may hear that there is another opinion. This other opinion does not benefit him regarding what has already occurred. But it may benefit him regarding what will occur, as came from 'Umar ibn al-Khattab that he gave a fatwa to a woman in a case related to inheritance with a ruling. Then, after about a year, he was asked about the same issue and answered with another opinion and another ijtihad. It was said to him, "You used to say otherwise." He said, "That was according to what we said, and this is according to what we say now." Because an imam may differ and may perform new ijtihad. And this is one person, so what about two? Therefore, the previous counts of divorce, as long as you were given a fatwa and adopted it, I do not see for you now to renew the question about them. What has passed has passed with its errors and consequences. But as for you now in this last count of divorce, here research and thinking are possible. Is my speech clear to you, or do you have anything?

The questioner : It is clear, but the intended one is the last count of divorce, meaning?

The Shaykh : Yes, and I am telling you, the last count of divorce took place. Did you tell me she was in her post-natal bleeding period?

The questioner : e: The second count of divorce, and she was in her post-natal bleeding period.

The Shaykh : And now?
Al-Halabi : The last count of divorce, which is now under research, and she is pregnant with an evident pregnancy.

The questioner : I divorced her and proved that in the court.

The Shaykh : So which count of divorce are you asking about?

The questioner : I am asking about the ruling of the counts of divorce. Is that it?

The Shaykh : Yes, I see, my brother, after hearing my answer, that you should write. You should seek help from others if you need someone to help you. Describe the picture of the case you want to focus your question on, on the condition that you have not taken an answer from the court and built upon it.

The questioner : By Allah, I have now adopted two counts of divorce in the court and proved them in the court. The second divorce, and she was in her post-natal bleeding period, was of course proved in the court without informing them that she was in her post-natal bleeding period, knowing that they execute the divorce of a woman in post-natal bleeding.

The Shaykh : Yes, exactly.

The questioner : The second divorce, and she was pregnant, was proved in the court. But for the first divorce, I took an oral fatwa, and then I consulted the matter withThe Shaykh : Yusuf al-Barqawi, who said it is not lawful for you by it, neither by Book nor by Sunnah.

The Shaykh : Okay...

The questioner : The reason I was compelled to ask these questions is that one of the brothers said there is no objection to asking such a question of a scholar, and that you should follow the fatwa of the one whose answer puts your heart at ease. Is this correct or incorrect?

The Shaykh : This is correct, but only before committing to it, before executing it. And I told you this earlier.

The questioner : I mean, should I let her go or keep her?

The Shaykh : Since you sought a fatwa, received one, and adopted it, the matter is concluded. However, if you have something you have not adopted, and so-and-so told you this, and so-and-so told you that, and in summary you came here, then here you may think and choose, and we will see. But do not follow your own desires. If they told you that you may take the opinion that suits you, there is no objection, provided you fear Allah the Mighty and Majestic. But as I said, if you did not seek a fatwa, then you erred, whether right or wrong. Since you adopted it, the matter is concluded. O Allah, O the Generous.

The questioner : I wrote a letter to Ibn Baz, so he referred me to the General Ifta' in the Kingdom, and he did not want to answer, saying that what they consider sufficient is the ruling.
Al-Halabi : Do you see, our Shaykh?

The Shaykh : How?

The questioner : He says that he sent toThe Shaykh : 'Abd al-'Aziz ibn Baz (may Allah preserve him) a letter, and he answered him that what the General Ifta' in the Kingdom has ruled is the fatwa.

The Shaykh : This is it, my brother, this is it. Otherwise, people's marriages would become chaos. Yes.
Al-Halabi : Allahu Akbar...

The questioner:....

The Shaykh : Otherwise it would become chaos, and then a person cannot impose his situation as a supreme authority, a divine authority. This is our opinion and our ijtihad, and they exerted their ijtihad. If they do not know how to exercise ijtihad and they have no knowledge, we cannot stop them. For example, a person comes and validates a marriage. An adult, mature girl married without what? Without her guardian. We say this marriage is invalid. But a school of thought says this marriage is valid. She went with the first one, so we tell her now that she bears the responsibility for all this process she carried out until she is at ease.

The questioner : O Shaykh, if you please...

The Shaykh : Please go ahead.

The questioner : Does the utterance of divorce require intention? For example, if one utters divorce but does not intend divorce, does the divorce take effect? And does the hadith apply here, namely: ?

The Shaykh : Yes, but imagine, when one utters divorce without intention, it is difficult except in the case of joking. So how is it with you? Or what is the scenario you can recall where you uttered divorce but did not intend divorce? How, for example, other than the joker?

The questioner : It did not happen to me...

The Shaykh : We are saying, then, other than the joker and other than the angry one, for example, is there any other scenario? You are saying it happened to you. What was the scenario in which you divorced and did not intend?

The questioner : When my mother got upset in the argument or the disagreement between us, I wanted to end the matter so she would be quiet, so I said to her, "Consider yourself divorced." I did not want to intend divorce, and I was not joking, and I was not intending divorce. Nor was I angry.

The Shaykh : Nor were you angry?

The questioner : Yes, I was not angry, I was not joking, and I was not intending divorce.

The Shaykh : Okay, did you take the matter to the court or not?

The questioner : At the beginning, I received a verbal fatwa.

The Shaykh : This is it, we return to the previous topic.

The questioner : Yes, and this divorce was not established in the courts. Now, two divorces are established against me in the courts.

The Shaykh : Which divorce, the last one that did not reach the court, or the one before it?

The questioner : The second and third were established in the court, and I received a ruling regarding them. As for the first one, in which I did not intend divorce, I received a verbal statement. I went to the Ifta' Department, and they issued a fatwa saying the divorce took effect on you.

The Shaykh : What is the difference between this and that?

Another questioner: There is no difference.

The Shaykh : You received a ruling, meaning?