The husband's statement, "Write her divorce," in the ruling of agency
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Question: Peace be upon you, and the mercy of Allah and His blessings. After that:
O my beloved, I have reviewed the report attached to your letter number (2277) dated 28/12/1388 AH, and your letter number (256) dated 13/2/1389 AH, and I have understood what Your Excellency recorded regarding the nature of the divorce that occurred from the husband to his wife. It is that he confessed to you that he instructed the mutawwif to write the divorce of his wife, and he did not specify to him the nature of the divorce. Then he took her back, and then he divorced her with three divorces in one word about two years ago, and that no divorce occurred from him other than that. And the confession of the wife to you that he divorced her with a divorce whose nature she does not know through the mutawwif, then he took her back, and then he divorced her with the final divorce and she does not know its nature, and that was about two years ago. And the confession of the legal guardian of the aforementioned woman that he knows nothing about the aforementioned divorce. And the confession of the mutawwif that the aforementioned husband came to him and said to him: "Write the divorce of my wife," and that he did not write that, but rather he ordered him to go to the Shaykh to write the divorce for him.
Answer: From Abdulaziz ibn Abdullah ibn Baz to the honorable brother, the President of the Bisha Court, may Allah grant him understanding in all good, Amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O my beloved, I have reviewed the report attached to your letter number (2277) dated 28/12/1388 AH, and your letter number (256) dated 13/2/1389 AH, and I have understood what Your Excellency recorded regarding the nature of the divorce that occurred from the husband to his wife. It is that he confessed to you that he instructed the mutawwif to write the divorce of his wife, and he did not specify to him the nature of the divorce. Then he took her back, and then he divorced her with three divorces in one word about two years ago, and that no divorce occurred from him other than that. And the confession of the wife to you that he divorced her with a divorce whose nature she does not know through the mutawwif, then he took her back, and then he divorced her with the final divorce and she does not know its nature, and that was about two years ago. And the confession of the legal guardian of the aforementioned woman that he knows nothing about the aforementioned divorce. And the confession of the mutawwif that the aforementioned husband came to him and said to him: "Write the divorce of my wife," and that he did not write that, but rather he ordered him to go to the Shaykh to write the divorce for him.
Based on this, I have issued a fatwa to the aforementioned that one divorce has occurred with his wife through the final divorce, and he may 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 that divorce with three in one word is considered one divorce, as is not hidden. As for the first divorce which the husband ordered the mutawwif to write, he should be asked about it. If he had uttered it, then one divorce has occurred with it, which is added to the final divorce, and thus two divorces have occurred with his wife. But if the husband did not utter anything other than saying to the mutawwif: "Write her divorce," then this is in the ruling of agency, and the mutawwif refused to write, so nothing occurred thereby.
So I hope from Your Excellency to take care and complete the necessary, and to order the husband to repent from his final divorce and to inform him of the Shari'ah divorce and the innovated divorce. May Allah reward you and thank your effort. And peace be upon you and the mercy of Allah and His blessings.
O my beloved, I have reviewed the report attached to your letter number (2277) dated 28/12/1388 AH, and your letter number (256) dated 13/2/1389 AH, and I have understood what Your Excellency recorded regarding the nature of the divorce that occurred from the husband to his wife. It is that he confessed to you that he instructed the mutawwif to write the divorce of his wife, and he did not specify to him the nature of the divorce. Then he took her back, and then he divorced her with three divorces in one word about two years ago, and that no divorce occurred from him other than that. And the confession of the wife to you that he divorced her with a divorce whose nature she does not know through the mutawwif, then he took her back, and then he divorced her with the final divorce and she does not know its nature, and that was about two years ago. And the confession of the legal guardian of the aforementioned woman that he knows nothing about the aforementioned divorce. And the confession of the mutawwif that the aforementioned husband came to him and said to him: "Write the divorce of my wife," and that he did not write that, but rather he ordered him to go to the Shaykh to write the divorce for him.
Answer: From Abdulaziz ibn Abdullah ibn Baz to the honorable brother, the President of the Bisha Court, may Allah grant him understanding in all good, Amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O my beloved, I have reviewed the report attached to your letter number (2277) dated 28/12/1388 AH, and your letter number (256) dated 13/2/1389 AH, and I have understood what Your Excellency recorded regarding the nature of the divorce that occurred from the husband to his wife. It is that he confessed to you that he instructed the mutawwif to write the divorce of his wife, and he did not specify to him the nature of the divorce. Then he took her back, and then he divorced her with three divorces in one word about two years ago, and that no divorce occurred from him other than that. And the confession of the wife to you that he divorced her with a divorce whose nature she does not know through the mutawwif, then he took her back, and then he divorced her with the final divorce and she does not know its nature, and that was about two years ago. And the confession of the legal guardian of the aforementioned woman that he knows nothing about the aforementioned divorce. And the confession of the mutawwif that the aforementioned husband came to him and said to him: "Write the divorce of my wife," and that he did not write that, but rather he ordered him to go to the Shaykh to write the divorce for him.
Based on this, I have issued a fatwa to the aforementioned that one divorce has occurred with his wife through the final divorce, and he may 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 that divorce with three in one word is considered one divorce, as is not hidden. As for the first divorce which the husband ordered the mutawwif to write, he should be asked about it. If he had uttered it, then one divorce has occurred with it, which is added to the final divorce, and thus two divorces have occurred with his wife. But if the husband did not utter anything other than saying to the mutawwif: "Write her divorce," then this is in the ruling of agency, and the mutawwif refused to write, so nothing occurred thereby.
So I hope from Your Excellency to take care and complete the necessary, and to order the husband to repent from his final divorce and to inform him of the Shari'ah divorce and the innovated divorce. May Allah reward you and thank your effort. 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.