Ruling on saying: "Take her and leave her, for my soul has found no pleasure in her"
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Question: From Abdulaziz ibn Abdullah ibn Baz to the honorable brother, the virtuous Shaykh A. A. (may Allah preserve him and take care of him), Amen.
Peace be upon you, and Allah's mercy and blessings. After that:
O Beloved, your noble letter number (1968), dated 17/12/1392 AH, has been received. May Allah guide you. I have reviewed the information provided to your eminence by the husband, S. B., and his brother-in-law. It became clear from it that the aforementioned husband did not explicitly pronounce the divorce of his wife, but rather used an ambiguous expression. I asked him about it, and he answered that what actually happened is what he mentioned to your eminence: that he said to her father, "Take her and leave her, for my soul has found no pleasure in her." This is what he said to him. He has sworn that he did not intend divorce by it, but rather intended for her to remain with her father so that he could raise her and advise her.
Answer: Based on this, I issued a ruling to the aforementioned husband that his aforementioned wife remains in his marriage bond and that no divorce has taken place regarding her; because the aforementioned expression is not explicit in divorce, and the aforementioned husband is more aware of his intention. It is authentically reported from the Messenger of Allah (peace and blessings be upon him) that he said:Sahih al-Bukhari 1 I hope that your eminence will inform her father of this, and advise her to maintain good companionship and cooperate in righteousness and piety, and urge her brother-in-law to advise his daughter to maintain good companionship. May Allah reward you and grant you the best for all of them.
And peace be upon you and the mercy of Allah and His blessings.
Peace be upon you, and Allah's mercy and blessings. After that:
O Beloved, your noble letter number (1968), dated 17/12/1392 AH, has been received. May Allah guide you. I have reviewed the information provided to your eminence by the husband, S. B., and his brother-in-law. It became clear from it that the aforementioned husband did not explicitly pronounce the divorce of his wife, but rather used an ambiguous expression. I asked him about it, and he answered that what actually happened is what he mentioned to your eminence: that he said to her father, "Take her and leave her, for my soul has found no pleasure in her." This is what he said to him. He has sworn that he did not intend divorce by it, but rather intended for her to remain with her father so that he could raise her and advise her.
Answer: Based on this, I issued a ruling to the aforementioned husband that his aforementioned wife remains in his marriage bond and that no divorce has taken place regarding her; because the aforementioned expression is not explicit in divorce, and the aforementioned husband is more aware of his intention. It is authentically reported from the Messenger of Allah (peace and blessings be upon him) that he said:
The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended.
إنما الأعمال بالنيات وإنما لكل امرئ ما نوىAnd peace be upon you and the mercy of Allah and His blessings.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.