What is the ruling if a husband says to his wife, “Go to your family, and a divorce paper will come to you,” but it did not come to her?
Machine translationRead the Arabic original
The questioner : I have a daughter, and her husband said to her, “Go to your family, and your paper will come to you.” She came to me and was pregnant. She stayed with me for four months and gave birth after four months. Then, after that, he came to ask for her.
The Shaykh : Yes, may Allah reward you. Divorce does not occur except through the wording, or through writing, or through the gesture of a person who is unable to speak, such as a mute person.
The questioner : Yes.
The Shaykh : As for the fact that he said to her, “Go to your family,” yes, and “your paper will come to you,” yes.
The questioner : Yes, exactly.
The Shaykh : And her paper did not come to her.
The questioner : Her paper did not come to her.
The Shaykh : So it is not a divorce. He should take her back now without anything.
The questioner : Without anything.
The Shaykh : Yes.
The questioner : May Allah bless you.
The questioner : And you.
The Shaykh : Yes, may Allah reward you. Divorce does not occur except through the wording, or through writing, or through the gesture of a person who is unable to speak, such as a mute person.
The questioner : Yes.
The Shaykh : As for the fact that he said to her, “Go to your family,” yes, and “your paper will come to you,” yes.
The questioner : Yes, exactly.
The Shaykh : And her paper did not come to her.
The questioner : Her paper did not come to her.
The Shaykh : So it is not a divorce. He should take her back now without anything.
The questioner : Without anything.
The Shaykh : Yes.
The questioner : May Allah bless you.
The questioner : And you.
