Ruling on the phrases: “It is forbidden for you to return to my house” and “I divorce you, with no right of taking you back”
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Question: A husband, his wife, her brother, and the husband’s mother came to me. The husband admitted that in 1389 AH, he became angry with his wife and said: “By Allah, if you go out with my son to my cousin’s house, you will not be in my mouth,” or “It is forbidden for you to return to my house” — he was uncertain which one he said — and his intention was to prevent her from going out. He consulted some scholars, and they ruled that he owed an expiation.
Then, in 1391 AH, he became angry with her and divorced her with one divorce. Then he said to his mother: “Do you think she is divorced?” — meaning by that specific divorce — then he took her back. Then, about three days later, he became angry with her and divorced her, but he did not remember how many divorces he pronounced, except that it was one. Then his feelings changed and he began to cry. He mentioned that his sister and his brother’s wife told him that he had said in that divorce: “I divorce you, with no right of taking you back.”
When the wife was asked, she answered that everything her husband said had happened, except for the divorce, which she did not hear. When her mother was asked, she answered the same as the husband. When (Muhammad) was asked, he answered that neither he nor his father was present when it happened, and he knew nothing about any of what was mentioned.
Answer: Based on that, I ruled for them that his first divorce is in the ruling of an oath, as has been ruled previously.
As for the divorce that occurred in 1391 AH, and the other divorce, two divorces occurred with them, and one divorce remains for his wife. He has the right to take her back as long as she is in the waiting period. He took her back in my presence, with her and the aforementioned brother present, and thus she remained in his marriage bond. I advised them to treat each other kindly and to be cautious of the causes of anger.
Said by: The one in need of the forgiveness of his Lord, Abdul Aziz ibn Abdullah ibn Baz, may Allah forgive him, and may Allah send prayers and blessings upon Muhammad, his family, and his companions.
Then, in 1391 AH, he became angry with her and divorced her with one divorce. Then he said to his mother: “Do you think she is divorced?” — meaning by that specific divorce — then he took her back. Then, about three days later, he became angry with her and divorced her, but he did not remember how many divorces he pronounced, except that it was one. Then his feelings changed and he began to cry. He mentioned that his sister and his brother’s wife told him that he had said in that divorce: “I divorce you, with no right of taking you back.”
When the wife was asked, she answered that everything her husband said had happened, except for the divorce, which she did not hear. When her mother was asked, she answered the same as the husband. When (Muhammad) was asked, he answered that neither he nor his father was present when it happened, and he knew nothing about any of what was mentioned.
Answer: Based on that, I ruled for them that his first divorce is in the ruling of an oath, as has been ruled previously.
As for the divorce that occurred in 1391 AH, and the other divorce, two divorces occurred with them, and one divorce remains for his wife. He has the right to take her back as long as she is in the waiting period. He took her back in my presence, with her and the aforementioned brother present, and thus she remained in his marriage bond. I advised them to treat each other kindly and to be cautious of the causes of anger.
Said by: The one in need of the forgiveness of his Lord, Abdul Aziz ibn Abdullah ibn Baz, may Allah forgive him, and may Allah send prayers and blessings upon Muhammad, his family, and his companions.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.