Is an implied statement of taking back a wife considered valid in revocable divorce?
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The questioner : Your Eminence?
The Shaykh : Yes.
The questioner : May Allah forgive you. Is an implied statement of taking back a wife in the second or first divorce considered a valid taking back? For example, if he says, "She is in my responsibility," or "I will not leave her to anyone, even if all the people of the earth gathered," or something like that, Your Eminence?
The Shaykh : No, his saying, "She is in my responsibility," is not a taking back, because she is in his responsibility; the wife in a revocable divorce is in the husband's responsibility, as Allah the Exalted said:.
As for his saying, "I will not leave her to anyone," this is also not a taking back, but rather a promise that he will take her back. What a person must do is make his contracts and their dissolutions explicit and clear, so that there is no confusion for him, for the judge, or for the mufti, and so that it is explicit. Yes, perhaps if the man were brought and asked, "What do you mean by 'she is in my responsibility'?"
He said, "It means that I am taking her back." In this case, we may say that he is ruled to have taken her back, based on the generality of the saying of the Prophet (peace and blessings be upon him and his family):Sahih al-Bukhari 1 Yes, Yasar.
The Shaykh : Yes.
The questioner : May Allah forgive you. Is an implied statement of taking back a wife in the second or first divorce considered a valid taking back? For example, if he says, "She is in my responsibility," or "I will not leave her to anyone, even if all the people of the earth gathered," or something like that, Your Eminence?
The Shaykh : No, his saying, "She is in my responsibility," is not a taking back, because she is in his responsibility; the wife in a revocable divorce is in the husband's responsibility, as Allah the Exalted said:
And their former husbands have a greater right to take them back in the meantime
وبعولتوهن أحق بردهن في ذلكAs for his saying, "I will not leave her to anyone," this is also not a taking back, but rather a promise that he will take her back. What a person must do is make his contracts and their dissolutions explicit and clear, so that there is no confusion for him, for the judge, or for the mufti, and so that it is explicit. Yes, perhaps if the man were brought and asked, "What do you mean by 'she is in my responsibility'?"
He said, "It means that I am taking her back." In this case, we may say that he is ruled to have taken her back, based on the generality of the saying of the Prophet (peace and blessings be upon him and his family):