A man divorced his wife with one pronouncement, then took her back. After a period, he was asked, "Did you divorce your wife?" He said, "Yes, I divorced her with the intention of the previous divorce." Is that a second divorce?
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The questioner : There is a man who divorced his wife with one pronouncement, and after a period, he took her back. Then he was asked about this woman: "Is she in your custody or not?" He said: "I divorced her." Does this count as a second divorce, or does it not take effect because it was with the intention of his previous divorce?
The Shaykh : First, regarding your statement that he took her back: Did he take her back before the completion of the waiting period, or after it?
The questioner : During the waiting period.
The Shaykh : During the waiting period. Okay, so she returned to being his wife. Then he was asked afterwards?
The questioner : He was asked if she was in his custody or not? He said: "I divorced her with the intention of the previous divorce."
The Shaykh : So the divorce is not upon him.
The questioner : It is not upon him.
The Shaykh : Yes.
The Shaykh : First, regarding your statement that he took her back: Did he take her back before the completion of the waiting period, or after it?
The questioner : During the waiting period.
The Shaykh : During the waiting period. Okay, so she returned to being his wife. Then he was asked afterwards?
The questioner : He was asked if she was in his custody or not? He said: "I divorced her with the intention of the previous divorce."
The Shaykh : So the divorce is not upon him.
The questioner : It is not upon him.
The Shaykh : Yes.