Ruling on the condition that the guardian of the second wife requires the divorce of the first wife with three pronouncements
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother, the Virtuous Deputy Head of the Bisha Court, may Allah grant him understanding in all good, amen.
Peace be upon you, and Allah's mercy and blessings. After that:
O Beloved: Your noble letter, number 1351, dated 29/6/1391 AH, has reached you, may Allah guide you, and I have reviewed the attached record, which contains your certification of the nature of the divorce pronounced by M. M. B. on his wife.
The summary is as follows: He and the agent of the guardian of his divorced wife appeared before your Virtue, and he stated that when he wished to marry a second woman, the father of the latter wife conditioned it on his divorcing his previous wife. So he divorced her by saying: "You are divorced," then he followed it with three pronouncements, and he took her back immediately, and he witnessed two men to the taking back. He had not divorced her before that, nor after it, and the agent of the guardian of his divorced wife agreed with him on this. He brought the two witnesses to your Virtue for the review, and they also testified that the aforementioned wife stated to them that she did not hear from the aforementioned husband any divorce before this divorce or after it, and that she agrees to her husband taking her back.
Answer: Based on the foregoing, I issued a ruling to the aforementioned husband that two divorces have occurred on the aforementioned wife by his mentioned divorce: one by his saying "You are divorced," and the second by his saying "with three." His taking her back is valid, and it is authentically reported from the Prophet (peace and blessings be upon him) what indicates that his last divorce is considered one pronouncement, as is not hidden.
So I hope you will inform everyone of this, and order the husband to repent from his divorce with three pronouncements, because it is a reprehensible divorce, as your Virtue knows, may Allah reward you, and I thank your efforts, and may Allah reward you with good.
And peace be upon you and the mercy of Allah and His blessings.
Peace be upon you, and Allah's mercy and blessings. After that:
O Beloved: Your noble letter, number 1351, dated 29/6/1391 AH, has reached you, may Allah guide you, and I have reviewed the attached record, which contains your certification of the nature of the divorce pronounced by M. M. B. on his wife.
The summary is as follows: He and the agent of the guardian of his divorced wife appeared before your Virtue, and he stated that when he wished to marry a second woman, the father of the latter wife conditioned it on his divorcing his previous wife. So he divorced her by saying: "You are divorced," then he followed it with three pronouncements, and he took her back immediately, and he witnessed two men to the taking back. He had not divorced her before that, nor after it, and the agent of the guardian of his divorced wife agreed with him on this. He brought the two witnesses to your Virtue for the review, and they also testified that the aforementioned wife stated to them that she did not hear from the aforementioned husband any divorce before this divorce or after it, and that she agrees to her husband taking her back.
Answer: Based on the foregoing, I issued a ruling to the aforementioned husband that two divorces have occurred on the aforementioned wife by his mentioned divorce: one by his saying "You are divorced," and the second by his saying "with three." His taking her back is valid, and it is authentically reported from the Prophet (peace and blessings be upon him) what indicates that his last divorce is considered one pronouncement, as is not hidden.
So I hope you will inform everyone of this, and order the husband to repent from his divorce with three pronouncements, because it is a reprehensible divorce, as your Virtue knows, may Allah reward you, and I thank your efforts, and may Allah reward you with good.
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.