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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Khul' does not return her to her husband except through a new marriage

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Question: And we enclose the letter received from your Excellency, number (668), dated 22/4/1392 AH, regarding the divorce of husband 'A. from his wife and your Excellency's request for the presence of the wife's guardian to take his statement. The aforementioned wife appeared before me, accompanied by her father, and they presented the divorce document, the text of which is: "In the name of Allah, yes, I, husband 'A., have divorced my wife from my responsibility; she is divorced with three divorces, forbidden to me and permissible to other men, and this is the practice of Allah in His creation, and Allah bears witness to it, and I have had a group of Muslims bear witness to it. The first witness: the husband's father, the second witness: 'A., and the testimony of Q. The date of the document is 23/1/1392 AH. The woman and her father have stated that the husband had not previously divorced her except for this instance, neither before nor after, and that this divorce occurred from him in one sitting and in one utterance, and that this divorce was issued by him in a state of anger between him and his mother, his brother, and his brother's wife. The wife also stated that she is pregnant by the aforementioned husband and is currently in her sixth month, and she said: she does not object to returning to her husband, if that is valid according to the Shari'ah, because she has children from him whom she fears will be lost. Her father also stated the same. This took place in the presence and with the testimony of those who know both parties, as your Excellency will find in the attached divorce document. We hope your Excellency will review this and issue a fatwa to them with what you deem appropriate, and return the documents to inform them of what issues from your Excellency." End.

Answer: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother, the esteemed President of the Courts of al-Hasa, may Allah grant him understanding in all good, amen.
Peace be upon you, and Allah’s mercy and blessings, and after that:
O Beloved, your noble letter, number (3421), dated 26/4/1392 AH, has arrived, and its text is: (And we enclose the letter received from your Excellency, number (668), dated 22/4/1392 AH, regarding the divorce of husband 'A. from his wife and your Excellency's request for the presence of the wife's guardian to take his statement. The aforementioned wife appeared before me, accompanied by her father, and they presented the divorce document, the text of which is: "In the name of Allah, yes, I, husband 'A., have divorced my wife from my responsibility; she is divorced with three divorces, forbidden to me and permissible to other men, and this is the practice of Allah in His creation, and Allah bears witness to it, and I have had a group of Muslims bear witness to it. The first witness: the husband's father, the second witness: 'A., and the testimony of Q. The date of the document is 23/1/1392 AH. The woman and her father have stated that the husband had not previously divorced her except for this instance, neither before nor after, and that this divorce occurred from him in one sitting and in one utterance, and that this divorce was issued by him in a state of anger between him and his mother, his brother, and his brother's wife. The wife also stated that she is pregnant by the aforementioned husband and is currently in her sixth month, and she said: she does not object to returning to her husband, if that is valid according to the Shari'ah, because she has children from him whom she fears will be lost. Her father also stated the same. This took place in the presence and with the testimony of those who know both parties, as your Excellency will find in the attached divorce document. We hope your Excellency will review this and issue a fatwa to them with what you deem appropriate, and return the documents to inform them of what issues from your Excellency." End.
Based on this, I issued a fatwa to the aforementioned husband that one divorce has taken effect on the aforementioned wife by the divorce mentioned, and he may take her back as long as she is in the waiting period; because it is established from the Prophet (peace and blessings be upon him) what indicates this, as is well known. And he must repent from his divorce; because it is a reprehensible divorce, as your Excellency knows.
As for the aforementioned divorce, if it was issued by him in exchange for compensation, then she is not permissible to him except through a new marriage, with its conditions considered valid by the Shari'ah; because a divorce in exchange for compensation is considered a minor separation, in which the divorcer does not have the right to take her back, as is well known. So I hope your Excellency will complete the necessary procedures and inform everyone of the aforementioned fatwa. May Allah reward you and thank you for your efforts, and reward you with good for everyone.
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.

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