The ruling on a husband pronouncing divorce by saying: "You are not lawful to me until you marry another husband"
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother, the esteemed President of the High Court in Ta'if, may Allah grant him understanding in all good, amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O Beloved, your noble letter number: 2342/2/658, dated 23/4/1391 AH, which is a response to my letter number: 260/1/Kh, dated 12/2/1391 AH, has reached you, may Allah guide you, and I have reviewed the attached sheet, which contains your confirmation of the nature of the divorce pronounced by the husband, M. A., on his wife. He admitted to you that he divorced her, based on the attached divorce document dated 4/2/1391 AH, and that he had never previously divorced her in any other manner, and that this was the first time he had divorced her. The consent of his divorced wife and her guardian—who is her brother—to this was known.
I have reviewed the attached document and found that it contains the aforementioned man's divorce of his wife with three divorces in a single word, making her forbidden to him and lawful to whoever seeks her, and that she is not lawful to him until she marries another husband.
Answer: Based on this, I have issued a ruling to the aforementioned man: that one divorce has taken effect on his wife through the divorce mentioned, and he may take her back as long as she is in the waiting period. If she has exited the waiting period, she is not lawful to him except through a new marriage, with its conditions considered valid by the Shari'ah, as is clear. This is because it is authentically reported from the Prophet (peace and blessings be upon him) what indicates the aforementioned ruling, as your eminence knows.
As for his statement: "She is forbidden to him" and the rest of his words, it is speech attached to the divorce, explaining it, and nothing results from it; because prohibition belongs to the Shari'ah, not to him, and the Shari'ah does not make her forbidden to him through this divorce, as is known.
So I hope you will inform everyone of this, and order the husband to repent from his divorce; because it is a reprehensible divorce—may Allah reward you, thank your efforts, and reward you with good for all of it.
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 number: 2342/2/658, dated 23/4/1391 AH, which is a response to my letter number: 260/1/Kh, dated 12/2/1391 AH, has reached you, may Allah guide you, and I have reviewed the attached sheet, which contains your confirmation of the nature of the divorce pronounced by the husband, M. A., on his wife. He admitted to you that he divorced her, based on the attached divorce document dated 4/2/1391 AH, and that he had never previously divorced her in any other manner, and that this was the first time he had divorced her. The consent of his divorced wife and her guardian—who is her brother—to this was known.
I have reviewed the attached document and found that it contains the aforementioned man's divorce of his wife with three divorces in a single word, making her forbidden to him and lawful to whoever seeks her, and that she is not lawful to him until she marries another husband.
Answer: Based on this, I have issued a ruling to the aforementioned man: that one divorce has taken effect on his wife through the divorce mentioned, and he may take her back as long as she is in the waiting period. If she has exited the waiting period, she is not lawful to him except through a new marriage, with its conditions considered valid by the Shari'ah, as is clear. This is because it is authentically reported from the Prophet (peace and blessings be upon him) what indicates the aforementioned ruling, as your eminence knows.
As for his statement: "She is forbidden to him" and the rest of his words, it is speech attached to the divorce, explaining it, and nothing results from it; because prohibition belongs to the Shari'ah, not to him, and the Shari'ah does not make her forbidden to him through this divorce, as is known.
So I hope you will inform everyone of this, and order the husband to repent from his divorce; because it is a reprehensible divorce—may Allah reward you, thank your efforts, and reward you with good for all of it.
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.