The Ruling on Final Divorce and Divorce by Three Repetitions

Question: The husband, A. A. S., came to me, and the wife, S. M. Sh., was present, along with the wife’s mother, M. The aforementioned husband admitted that he had written a final divorce to his aforementioned wife using this specific wording, and he presented to me a document containing this, dated 15/6/1389 AH. He had not divorced her before or after that, except that he had previously told her: “If you meet your maternal cousin, you are forbidden to me.” She did meet him, and upon questioning her, the aforementioned husband and her father found that the husband had told the truth in what he said. She expressed her desire to return to him if the Shari'ah permits it.

Answer: Based on this, I issued a ruling to both of them that one divorce has taken place with respect to the aforementioned woman, and he may return to her through a new marriage contract with its conditions considered valid by the Shari'ah. This is because it is authentically reported from the Prophet (peace and blessings be upon him), in the hadith of Ibn 'Abbas (may Allah be pleased with him), what indicates this. We informed everyone that final divorce and divorce by three repetitions are not permissible, and that the husband must repent from that. He owes an oath expiation for the aforementioned prohibition, because such a conditional statement is in the ruling of an oath, as the aforementioned husband only intended by it to prevent her from meeting her maternal cousin, not to forbid her. The expiation is feeding ten poor people, giving each of them half a sa' (a dry measure of about 3 kg) of the local staple food, or clothing them, or freeing a slave, as Allah the Exalted has specified in His clear Book regarding the expiation of an oath.
Said by the one who is poor in need of the forgiveness of his Lord, 'Abd al-'Aziz ibn 'Abdullah ibn Baz, President of the Islamic University of Madinah al-Munawwarah. May Allah forgive him, and may Allah send prayers and peace upon His servant and messenger, our Prophet Muhammad, his family, and his companions.