A question on the fact that a divorce is not effected by an allusive expression unless there is an intention
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother, the Amir of al-Suwaydirah, may Allah guide him to all good. Amen.
Peace be upon you, and Allah's mercy and blessings. After that:
O Beloved, your noble letter number (42), dated 2/2/1387 AH, has been received. May Allah guide you. What you mentioned was known to the specific guardian of the wife and her husband. We asked the aforementioned guardian about what the husband had concealed, and he answered that he had previously sent his wife back to her family, and he did not know whether that was out of anger or aversion. Then he took her back. After that, he said to her: "Go back to your family, they do not care about your face," according to what he was told by those who knew the situation. Then he returned to his family, and then he pronounced the final divorce mentioned in our letter to you number (64), dated 13/1/1387 AH, which is attached to this.
Upon questioning the husband about what the guardian mentioned, he answered that it is true; he had sent her to her family out of anger, and then he took her back without any divorce being pronounced by him. He said that after he took her back from the first anger, they had a dispute, and she asked to go to her family, so he said to her: "Your family does not care about your face," that is what he said. He had informed us of this previously, and we asked him about his intention. He answered that he did not intend a divorce by this, and he is the one who knows his intention best. He is not judged to have divorced with such words, except by his intention; based on the saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 1.
Answer: As for what happened first, regarding the anger and her going to her family, nothing results from it; because no divorce was pronounced by him in his words, and the aforementioned guardian does not claim that a divorce was pronounced by him. He only mentions that he sent her to her family, either out of aversion or anger, as mentioned before. Sending her to her family is not a divorce if the husband has not pronounced a divorce. Rather, the consideration is based on the final divorce. We have informed you that it is considered one divorce, and that he has taken her back in my presence, with the testimony of a group of Muslims. Thus, the matter remains as it was, and the woman is in the protection of her husband. So I hope you will accept that. May Allah take care of you.
And peace be upon you and the mercy of Allah and His blessings.
Vice President of the Islamic University
Abdul Aziz ibn Abdullah ibn Baz
Peace be upon you, and Allah's mercy and blessings. After that:
O Beloved, your noble letter number (42), dated 2/2/1387 AH, has been received. May Allah guide you. What you mentioned was known to the specific guardian of the wife and her husband. We asked the aforementioned guardian about what the husband had concealed, and he answered that he had previously sent his wife back to her family, and he did not know whether that was out of anger or aversion. Then he took her back. After that, he said to her: "Go back to your family, they do not care about your face," according to what he was told by those who knew the situation. Then he returned to his family, and then he pronounced the final divorce mentioned in our letter to you number (64), dated 13/1/1387 AH, which is attached to this.
Upon questioning the husband about what the guardian mentioned, he answered that it is true; he had sent her to her family out of anger, and then he took her back without any divorce being pronounced by him. He said that after he took her back from the first anger, they had a dispute, and she asked to go to her family, so he said to her: "Your family does not care about your face," that is what he said. He had informed us of this previously, and we asked him about his intention. He answered that he did not intend a divorce by this, and he is the one who knows his intention best. He is not judged to have divorced with such words, except by his intention; based on the saying of the Prophet (peace and blessings be upon him):
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 نوىAnswer: As for what happened first, regarding the anger and her going to her family, nothing results from it; because no divorce was pronounced by him in his words, and the aforementioned guardian does not claim that a divorce was pronounced by him. He only mentions that he sent her to her family, either out of aversion or anger, as mentioned before. Sending her to her family is not a divorce if the husband has not pronounced a divorce. Rather, the consideration is based on the final divorce. We have informed you that it is considered one divorce, and that he has taken her back in my presence, with the testimony of a group of Muslims. Thus, the matter remains as it was, and the woman is in the protection of her husband. So I hope you will accept that. May Allah take care of you.
And peace be upon you and the mercy of Allah and His blessings.
Vice President of the Islamic University
Abdul Aziz ibn Abdullah ibn Baz
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.