Ruling on saying: "If no other women remained but you, you are forbidden to me"
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother, the virtuous Shaykh / Y. M. Y. - Judge of Rafha, may Allah grant him understanding in all good, amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O Beloved: Your noble letter, number 45, dated 26/4/1390 AH, has arrived, may Allah guide you. I understood what your virtue noted regarding the nature of the divorce that occurred from: M. Th. H. It is that a dispute arose between him and his wife and her brother, and his anger intensified, and he said to her: "If good is agreed upon for you, agree to it." In the same gathering, the dispute intensified, and he said: "I divorce you three times." He then blurted out: "If no other women remained but you, you are forbidden to me." Then he regretted it and took her back immediately. The woman and her brother confirmed this for him, and that it happened several years ago, and that no divorce had occurred prior to what was mentioned.
Answer: Based on this, I issued a fatwa to the aforementioned husband: that two divorces have occurred regarding the aforementioned wife, one by his saying: "If good is agreed upon for you, agree to it," and the second by his saying: "I divorce you three times." His taking her back is valid. It is authentically reported from the Prophet (peace and blessings be upon him) what indicates that his last divorce is considered one divorce, as is not hidden.
As for his saying: "If no other women remained but you, you are forbidden to me," then the expiation for zihar is upon him for that -and its sequence is not hidden from your virtue- and he must not approach her until he performs the aforementioned expiation.
So I hope from your virtue to inform everyone of the aforementioned fatwa, and to order the husband to repent from his last divorce and his forbidding of her; because all of that is reprehensible -as your virtue knows that- may Allah reward you, and thank you for your effort, and reward you with good for everyone.
And peace be upon you and the mercy of Allah and His blessings.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O Beloved: Your noble letter, number 45, dated 26/4/1390 AH, has arrived, may Allah guide you. I understood what your virtue noted regarding the nature of the divorce that occurred from: M. Th. H. It is that a dispute arose between him and his wife and her brother, and his anger intensified, and he said to her: "If good is agreed upon for you, agree to it." In the same gathering, the dispute intensified, and he said: "I divorce you three times." He then blurted out: "If no other women remained but you, you are forbidden to me." Then he regretted it and took her back immediately. The woman and her brother confirmed this for him, and that it happened several years ago, and that no divorce had occurred prior to what was mentioned.
Answer: Based on this, I issued a fatwa to the aforementioned husband: that two divorces have occurred regarding the aforementioned wife, one by his saying: "If good is agreed upon for you, agree to it," and the second by his saying: "I divorce you three times." His taking her back is valid. It is authentically reported from the Prophet (peace and blessings be upon him) what indicates that his last divorce is considered one divorce, as is not hidden.
As for his saying: "If no other women remained but you, you are forbidden to me," then the expiation for zihar is upon him for that -and its sequence is not hidden from your virtue- and he must not approach her until he performs the aforementioned expiation.
So I hope from your virtue to inform everyone of the aforementioned fatwa, and to order the husband to repent from his last divorce and his forbidding of her; because all of that is reprehensible -as your virtue knows that- may Allah reward you, and thank you for your effort, and reward you with good for everyone.
And 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.
