A husband conditioned the divorce of his wife with three pronouncements on her leaving, so she left his house while forgetting it
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother, the esteemed President of the Greater Dammam Court and its dependencies, may Allah guide him to all good, amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O Beloved: Your esteemed letter number 126, dated 28/12/1389 AH, in response to my letter number 2592, dated 21/12/1389 AH, has reached me, may Allah guide you. I understood what your eminence recorded regarding the nature of the divorce that occurred from the husband: J. F., against his wife.
It is that he said to her: If you leave my house without my consent, you are divorced with three pronouncements. After that, she left his house forgetting this divorce, and no divorce had occurred from him before that or after it, and this was after you heard the statement of the divorcer and the divorced woman.
Answer: And based on that, I issued a ruling to the aforementioned husband: J., that nothing of the divorce has occurred against his wife by that—in the most correct opinion of the scholars, as is not hidden; because she only left while forgetting, and she was not intentional. And Allah the Exalted said: [al-Baqarah: 285], and it is authentic from the Messenger of Allah (peace and blessings be upon him) that Allah the Sublime said: "I have done it."
Then this condition: If the husband intended to prevent her from leaving, not to effect the divorce after leaving, then it is in the ruling of an oath—in the most correct opinions—and upon him is the expiation of an oath when the leaving occurs, and his oath is dissolved.
But if he intended by that to effect the divorce upon her leaving, then one pronouncement of divorce occurs against her by the leaving, whether she is remembering the divorce or not, and he has the right to take her back as long as she is in the waiting period; due to the famous hadith of Ibn 'Abbas in that matter, as is not hidden.
So I hope from your eminence to inform everyone of that. May Allah reward you, and thank you for your effort.
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 esteemed letter number 126, dated 28/12/1389 AH, in response to my letter number 2592, dated 21/12/1389 AH, has reached me, may Allah guide you. I understood what your eminence recorded regarding the nature of the divorce that occurred from the husband: J. F., against his wife.
It is that he said to her: If you leave my house without my consent, you are divorced with three pronouncements. After that, she left his house forgetting this divorce, and no divorce had occurred from him before that or after it, and this was after you heard the statement of the divorcer and the divorced woman.
Answer: And based on that, I issued a ruling to the aforementioned husband: J., that nothing of the divorce has occurred against his wife by that—in the most correct opinion of the scholars, as is not hidden; because she only left while forgetting, and she was not intentional. And Allah the Exalted said:
Our Lord, do not impose blame upon us if we have forgotten or erred.
رَبَّنَا لاَ تُؤَاخِذْنَا إِن نَّسِينَا أو أَخْطَأْنَاThen this condition: If the husband intended to prevent her from leaving, not to effect the divorce after leaving, then it is in the ruling of an oath—in the most correct opinions—and upon him is the expiation of an oath when the leaving occurs, and his oath is dissolved.
But if he intended by that to effect the divorce upon her leaving, then one pronouncement of divorce occurs against her by the leaving, whether she is remembering the divorce or not, and he has the right to take her back as long as she is in the waiting period; due to the famous hadith of Ibn 'Abbas in that matter, as is not hidden.
So I hope from your eminence to inform everyone of that. May Allah reward you, and thank you for 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.