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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Forgiving the remaining mahr owed by the husband in the context of khul'

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Question: I am currently the judge of Qana and al-Bahr. Based on the letter received from His Eminence Shaykh 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, number (1457), dated 4/8/1392 AH, which stated that the husband, I., appeared before him and told him that he had become angry with his wife and divorced her with three divorces in a single utterance, having not divorced her before that. His Eminence decided to have the aforementioned husband, along with his wife and her guardian, appear in court, and to take from the woman and her guardian what the husband had stated, as well as the wife's desire to return to him if the Shari'ah permits it, and to inform His Eminence of the result. The letter ended there. Due to the presence of the woman and her guardian, I ruled that a dispute had occurred between her and the aforementioned husband, and the situation led him to say to her: "You are divorced three times." This was after he and she had agreed that she would forgive him for what she had with him of the mahr, which amounted to three hundred riyals, and jewelry, which amounted to two strands. She said: "This is the reality." Her guardian also stated that on one day, the aforementioned husband appeared, accompanied by two witnesses, a piece of paper, and a scribe, and uttered the following in the presence of the aforementioned persons: "My wife is divorced three times; she is forbidden to me and lawful to dogs." He gave her the necessary paper. Immediately, the two witnesses appeared and testified to Allah that the husband brought them to his wife and divorced her three times, saying: "She is forbidden to him and lawful to dogs." This was based on her forgiveness of him for what was in his debt of the remaining mahr and jewelry. They said: "This is what we witnessed." The letter ended there. I have also reviewed the addition you appended to the aforementioned letter, in which it appears to you from the wife's condition that she desires to return.

Answer: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother, His Eminence the Judge of Qana and al-Bahr, may Allah preserve him and take care of him, amen.
Peace be upon you, and the mercy of Allah and His blessings:
After that, O beloved, your noble letter number (435), dated 20/8/1392 AH, has arrived, may Allah reward you with His pleasure. I have reviewed the attached copy of the record, and its text is: "I am currently the judge of Qana and al-Bahr. Based on the letter received from His Eminence Shaykh 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, number (1457), dated 4/8/1392 AH, which stated that the husband, I., appeared before him and told him that he had become angry with his wife and divorced her with three divorces in a single utterance, having not divorced her before that. His Eminence decided to have the aforementioned husband, along with his wife and her guardian, appear in court, and to take from the woman and her guardian what the husband had stated, as well as the wife's desire to return to him if the Shari'ah permits it, and to inform His Eminence of the result. The letter ended there. Due to the presence of the woman and her guardian, I ruled that a dispute had occurred between her and the aforementioned husband, and the situation led him to say to her: 'You are divorced three times.' This was after he and she had agreed that she would forgive him for what she had with him of the mahr, which amounted to three hundred riyals, and jewelry, which amounted to two strands. She said: 'This is the reality.' Her guardian also stated that on one day, the aforementioned husband appeared, accompanied by two witnesses, a piece of paper, and a scribe, and uttered the following in the presence of the aforementioned persons: 'My wife is divorced three times; she is forbidden to me and lawful to dogs.' He gave her the necessary paper. Immediately, the two witnesses appeared and testified to Allah that the husband brought them to his wife and divorced her three times, saying: 'She is forbidden to him and lawful to dogs.' This was based on her forgiveness of him for what was in his debt of the remaining mahr and jewelry. They said: 'This is what we witnessed.' The letter ended there. I have also reviewed the addition you appended to the aforementioned letter, in which it appears to you from the wife's condition that she desires to return."
Based on all that you have mentioned, I have issued a ruling to the aforementioned husband that one divorce has taken effect on the aforementioned wife through the aforementioned divorce, and he may return to her through a new marriage with its valid conditions according to the Shari'ah; because the aforementioned divorce is in the ruling of khul', as is not hidden. It is authentic from the Messenger of Allah (peace and blessings be upon him), from the hadith of Ibn 'Abbas (may Allah be pleased with them both), what indicates that such a divorce is considered one divorce. So I hope that you will inform everyone of this and tell the husband that pronouncing three divorces is not permissible and that he must repent from it. May Allah reward you 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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