If a man divorces his wife and claims that he took her back, but he is lying, is it considered a taking back?
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The questioner : The second part of the question, O Shaykh: if someone says, for example, "I took her back" while lying, is this considered a taking back? Because we heard you say in some of your tapes that you said:
The Shaykh : So what?
The questioner : He said, for example, "I took her back," meaning that if a man says this while lying, not being truthful, and it is discovered that he admitted to this:
The Shaykh : He claimed that he took her back, meaning:
The questioner : He claimed it while lying, meaning:
The Shaykh : He claimed that he took her back?
The questioner : Yes
The Shaykh : He took his wife back?
The questioner : Yes
The Shaykh : And the wife denied it.
The questioner : Rather, he himself denied it, saying, "I said that while lying."
The Shaykh : Yes
The questioner : So is this considered a taking back, or is it not considered?
The Shaykh : Do you know that an admission concerning the right of another person, if a person retracts it, is not accepted? It is not accepted regarding the rights of others. So if he says that he took his wife back, and then she claims against him that he must provide for her and the like, and he says, "I did not take her back, and I said 'I took her back' while lying," this does not drop her right to maintenance, because this concerns the right of another person. But if the admission does not concern the right of another person, then he has the right to retract it. Yes, that is correct.
The Shaykh : So what?
The questioner : He said, for example, "I took her back," meaning that if a man says this while lying, not being truthful, and it is discovered that he admitted to this:
The Shaykh : He claimed that he took her back, meaning:
The questioner : He claimed it while lying, meaning:
The Shaykh : He claimed that he took her back?
The questioner : Yes
The Shaykh : He took his wife back?
The questioner : Yes
The Shaykh : And the wife denied it.
The questioner : Rather, he himself denied it, saying, "I said that while lying."
The Shaykh : Yes
The questioner : So is this considered a taking back, or is it not considered?
The Shaykh : Do you know that an admission concerning the right of another person, if a person retracts it, is not accepted? It is not accepted regarding the rights of others. So if he says that he took his wife back, and then she claims against him that he must provide for her and the like, and he says, "I did not take her back, and I said 'I took her back' while lying," this does not drop her right to maintenance, because this concerns the right of another person. But if the admission does not concern the right of another person, then he has the right to retract it. Yes, that is correct.