If a man divorces his wife with the intention of not taking her back, and then it becomes clear to him that he wants to take her back, is that permissible for him?
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The questioner : And finally, does the husband have the right—meaning, if he has the intention to divorce his wife and has no intention of taking her back from the first divorce, and he leaves her and that is it—
The Shaykh : He leaves her, he leaves her until her waiting period expires, and she becomes forbidden to him except with a new contract. This is the way. As for combining three divorces upon her, that is not permissible.
The questioner : No, he divorces her with one divorce and never takes her back, and that is it, meaning she has left him permanently.
The Shaykh : May Allah guide you.
The questioner : Yes.
The Shaykh : I told you.
The questioner : I told you.
The Shaykh : Yes.
The questioner : There is no other way than this.
The Shaykh : What do you want other than this? He divorces her with one divorce and leaves her until her waiting period expires, and she becomes forbidden to him like any other woman.
The questioner : Yes, meaning must the period of menstruation be left?
The Shaykh : Yes, indeed.
The questioner : And he releases her, he takes her out of his house, okay.
The Shaykh : No.
The questioner : Must she remain in his house?
The Shaykh : Yes. Because our Lord said:[At-Talaq 65:1] Whatever the man’s situation, or let us say, if he is determined to divorce his wife for one reason or another, and he may find a difference of opinion from the previous view.
The questioner : And this is correct.
The Shaykh : And therefore, our Lord is Wise and All-Knowing.
The questioner : Glorious is His Majesty.
The Shaykh : Peace be upon you.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The Shaykh : He leaves her, he leaves her until her waiting period expires, and she becomes forbidden to him except with a new contract. This is the way. As for combining three divorces upon her, that is not permissible.
The questioner : No, he divorces her with one divorce and never takes her back, and that is it, meaning she has left him permanently.
The Shaykh : May Allah guide you.
The questioner : Yes.
The Shaykh : I told you.
The questioner : I told you.
The Shaykh : Yes.
The questioner : There is no other way than this.
The Shaykh : What do you want other than this? He divorces her with one divorce and leaves her until her waiting period expires, and she becomes forbidden to him like any other woman.
The questioner : Yes, meaning must the period of menstruation be left?
The Shaykh : Yes, indeed.
The questioner : And he releases her, he takes her out of his house, okay.
The Shaykh : No.
The questioner : Must she remain in his house?
The Shaykh : Yes. Because our Lord said:
perhaps Allah will bring about after that a [different] matter.
لعل الله يحدث بعد ذلك أمرًاThe questioner : And this is correct.
The Shaykh : And therefore, our Lord is Wise and All-Knowing.
The questioner : Glorious is His Majesty.
The Shaykh : Peace be upon you.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.