Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

Benefits of the Hadith: (… from Zurarah that Sa'd ibn Hisham ibn 'Amir intended to go out in the cause of Allah, so he came to al-Madinah and intended to sell a property he had there

Machine translationRead the Arabic original
The Shaykh : This portion of the hadith contains benefits, among which is that a person should not sell his property or relinquish it by gift or otherwise, or divorce his wife in order to strive in the cause of Allah, because the Companions forbade that and informed that six men intended to do this, so the Prophet (peace and blessings be upon him) forbade them and said
Do you not have in me an example? أليس لكم فيّ أسوة
Sahih Ibn Khuzaymah 2:705
.
And among them is that if he did this, he should take it back if possible, such as taking back his wife, for he divorced his wife to devote himself to striving in the cause of Allah, and when they mentioned that to him, he took her back.
And among them is bearing witness to the taking back, and this is what Allah commanded in His saying
And when they have [nearly] fulfilled their term, either retain them according to acceptable terms or part with them according to acceptable terms. And bring to witness two just men from among you فَإِذا بَلَغنَ أَجَلَهُنَّ فَأَمسِكوهُنَّ بِمَعروفٍ أَو فارِقوهُنَّ بِمَعروفٍ وَأَشهِدوا ذَوَي عَدلٍ مِنكُم
[At-Talaq 65:2]
, meaning if a person divorces his wife with a divorce that does not make her free, then he wants to take her back, he has that right, but he must bear witness, due to the saying of Allah the Exalted
And bring to witness two just men from among you وَأَشهِدوا ذَوَي عَدلٍ مِنكُم
[At-Talaq 65:2]
. Is the consent of the woman required in the taking back?
The student: No.

The Shaykh : It is not required, but is it required for the permissibility of his taking her back that he intends reconciliation?
The student: Yes.

The Shaykh : The apparent meaning of the Qur'an is that it is a condition, due to His saying
And their husbands have more right to take them back in this [period] if they want reconciliation وَبُعولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ في ذلِكَ إِن أَرادوا إِصلاحًا
[Al-Baqarah 2:228]
, and that if he holds her with harm, it is forbidden for him. As for whether the taking back is valid or not, this should be referred to the judge, and if a judge ruled on its invalidity, it would have a basis, because Allah conditioned the right to take back on their intention of reconciliation and forbade holding them with harm, due to the transgression in that. And it is known that if he does that, i.e., takes her back to harm her rather than to reconcile, he has resembled the people of the pre-Islamic age of ignorance who used to divorce a woman, and when she was about to complete the waiting period, they would take her back, then divorce her, and when she was about to complete the second waiting period, they would take her back, then divorce her, and when she was about to complete the third, they would take her back, then divorce her, and so on, unjustly and oppressively. So Allah the Mighty and Majestic restricted that to three times only, and after that there is no taking back. As for the ..
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas