Ruling on one who declares his wife forbidden and divorces her with three divorces
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother, the virtuous judge of Khamis Mushayt, may Allah guide him and bless his efforts, amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O Beloved: Your noble letter dated 11/9/1392 AH has arrived, may Allah guide you. It contained the information regarding the presence of the husband, I. A. M., his wife, and her guardian before your eminence, and the husband's admission that after the dispute between him and his brother, he declared it forbidden for him to live with him, then he divorced her with three divorces declaring it forbidden for him to live with him, then he regretted it, and the confirmation of the woman and her guardian regarding this was known.
The aforementioned husband was present before me, and I asked him about his intention. He answered: That he intended by this to declare her forbidden if he lived with his brother, with the intention of restraining himself from living there, just as he intended by the divorce: to restrain himself from living there and to effect the divorce if he lived there?
Answer: Based on that, I issued a ruling to him: That whenever he lives with his brother, one divorce falls upon the aforementioned wife thereby, and he may take her back as long as she is in the waiting period; because it is authentically reported from the Prophet (peace and blessings be upon him) what indicates this, as is not hidden.
And upon him is the expiation for zihar for declaring her forbidden, and its sequence is not hidden from your eminence. So I hope you will inform everyone of this. May Allah reward your efforts, benefit His servants through you, and rectify the affairs of this world and the Hereafter for everyone; indeed, He is Generous and Noble.
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 dated 11/9/1392 AH has arrived, may Allah guide you. It contained the information regarding the presence of the husband, I. A. M., his wife, and her guardian before your eminence, and the husband's admission that after the dispute between him and his brother, he declared it forbidden for him to live with him, then he divorced her with three divorces declaring it forbidden for him to live with him, then he regretted it, and the confirmation of the woman and her guardian regarding this was known.
The aforementioned husband was present before me, and I asked him about his intention. He answered: That he intended by this to declare her forbidden if he lived with his brother, with the intention of restraining himself from living there, just as he intended by the divorce: to restrain himself from living there and to effect the divorce if he lived there?
Answer: Based on that, I issued a ruling to him: That whenever he lives with his brother, one divorce falls upon the aforementioned wife thereby, and he may take her back as long as she is in the waiting period; because it is authentically reported from the Prophet (peace and blessings be upon him) what indicates this, as is not hidden.
And upon him is the expiation for zihar for declaring her forbidden, and its sequence is not hidden from your eminence. So I hope you will inform everyone of this. May Allah reward your efforts, benefit His servants through you, and rectify the affairs of this world and the Hereafter for everyone; indeed, He is Generous and Noble.
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.