What is the difference between major and minor finality in divorce?
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The questioner : What are minor and major finality?
The Shaykh : Huh?
The questioner : What is minor finality in divorce?
The Shaykh : Yes.
The questioner : The difference between them?
The Shaykh : Yes, the difference between them?
The questioner : Yes.
The Shaykh : Minor finality is: she becomes lawful for her husband with a new contract, and major finality is that she does not become lawful for him except after another husband. Did you understand?
The questioner : You mean two divorces?
The Shaykh : Two divorces are not finality.
The questioner : What?
The Shaykh : But if he divorces her for compensation, this is minor finality. And if he divorces her three times: one divorce then he takes her back, then one divorce then he takes her back, then one divorce, this is major finality.
The questioner : If the waiting period ends?
The Shaykh : No, whether the waiting period ends or not, he cannot take her back except after another husband. In major finality, he cannot marry her except after another husband. In minor finality, he can marry her with a contract, whether the waiting period has ended or not. Even if she is in her waiting period, he cannot marry her except with a contract. That is, if he divorces her for compensation, even for one riyal, he can no longer take her back except with a new contract and her consent, a mahr, and a guardian, because it was a divorce for compensation. Yes.
The Shaykh : Huh?
The questioner : What is minor finality in divorce?
The Shaykh : Yes.
The questioner : The difference between them?
The Shaykh : Yes, the difference between them?
The questioner : Yes.
The Shaykh : Minor finality is: she becomes lawful for her husband with a new contract, and major finality is that she does not become lawful for him except after another husband. Did you understand?
The questioner : You mean two divorces?
The Shaykh : Two divorces are not finality.
The questioner : What?
The Shaykh : But if he divorces her for compensation, this is minor finality. And if he divorces her three times: one divorce then he takes her back, then one divorce then he takes her back, then one divorce, this is major finality.
The questioner : If the waiting period ends?
The Shaykh : No, whether the waiting period ends or not, he cannot take her back except after another husband. In major finality, he cannot marry her except after another husband. In minor finality, he can marry her with a contract, whether the waiting period has ended or not. Even if she is in her waiting period, he cannot marry her except with a contract. That is, if he divorces her for compensation, even for one riyal, he can no longer take her back except with a new contract and her consent, a mahr, and a guardian, because it was a divorce for compensation. Yes.