The ruling on one who divorces his wife with a divorce that is not subject to taking back
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother, the esteemed judge of the Tarif Court, may Allah grant you understanding in all good, amen.
Peace be upon you, and the mercy of Allah and His blessings:
O beloved, your noble letter number (967/1) dated 25/9/1388 AH has arrived, may Allah guide you, and we thank you for your good prayers, and we ask Allah to accept from everyone. I have understood what you mentioned regarding the husband's divorce of L. S. from his wife, and I have reviewed the copy of the attached divorce document containing the statement of the aforementioned: "I have divorced my wife on 1/3/1383 AH with a divorce that is not subject to taking back," and his attestation to that.
Answer: What I see is to bring the aforementioned along with the guardian of the divorced woman to your eminence, to question them both about the nature of what occurred, and whether a previous divorce preceded it? And to review the original divorce document. If nothing occurred other than what was mentioned, and the woman's guardian agrees to that, then I have issued a fatwa to the aforementioned that one divorce has taken place on his wife with the divorce mentioned, and he has the right to return to her with a new marriage with its conditions considered valid by the Shari'ah, because she has exited the waiting period. And it is authentic from the Messenger of Allah (peace and blessings be upon him) what indicates the aforementioned fatwa, as is not hidden. So I hope you will complete the necessary. However, if the reality is contrary to what was mentioned, I hope you will inform us of it, if your eminence sees fit, so that we may look into it and inform you. May Allah reward you and guide your steps.
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:
O beloved, your noble letter number (967/1) dated 25/9/1388 AH has arrived, may Allah guide you, and we thank you for your good prayers, and we ask Allah to accept from everyone. I have understood what you mentioned regarding the husband's divorce of L. S. from his wife, and I have reviewed the copy of the attached divorce document containing the statement of the aforementioned: "I have divorced my wife on 1/3/1383 AH with a divorce that is not subject to taking back," and his attestation to that.
Answer: What I see is to bring the aforementioned along with the guardian of the divorced woman to your eminence, to question them both about the nature of what occurred, and whether a previous divorce preceded it? And to review the original divorce document. If nothing occurred other than what was mentioned, and the woman's guardian agrees to that, then I have issued a fatwa to the aforementioned that one divorce has taken place on his wife with the divorce mentioned, and he has the right to return to her with a new marriage with its conditions considered valid by the Shari'ah, because she has exited the waiting period. And it is authentic from the Messenger of Allah (peace and blessings be upon him) what indicates the aforementioned fatwa, as is not hidden. So I hope you will complete the necessary. However, if the reality is contrary to what was mentioned, I hope you will inform us of it, if your eminence sees fit, so that we may look into it and inform you. May Allah reward you and guide your steps.
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.