Divorce by khul' results in a minor final separation
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Question: He divorced her with three divorces in a single word in exchange for four hundred riyals, which was known. The aforementioned husband stated that he had not divorced her before that, and that his wife desires to return to him. She only said before your eminence that she does not desire to return to him out of fear of some of her guardians, and he presented a paper containing this meaning.
Answer: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother, the esteemed President of the Courts of the Northern Borders, may Allah grant him understanding. Amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
Your honorable letter dated 15/6/1391 AH has been received, may Allah guide you. It contains the information regarding the nature of the divorce that occurred from the husband M. S. to his wife, which is: that he divorced her with three divorces in a single word in exchange for four hundred riyals, which was known. The aforementioned husband stated that he had not divorced her before that, and that his wife desires to return to him. She only said before your eminence that she does not desire to return to him out of fear of some of her guardians, and he presented a paper containing this meaning.
Based on this, I have issued a ruling to the aforementioned husband that one divorce has occurred on the aforementioned wife through this divorce, and he may return to her with a new marriage contract, because her divorce is considered a khul' divorce, which separates her with a minor final separation. As is not hidden, provided it is not established before your eminence that he divorced her twice before this divorce. It is authentically reported 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 the aforementioned divorce is considered one divorce. I hope that your eminence will inform the woman and her guardian of this. May Allah guide everyone to what pleases Him and bless the efforts of your eminence. He is the best of those asked.
And peace be upon you and the mercy of Allah and His blessings.
Answer: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother, the esteemed President of the Courts of the Northern Borders, may Allah grant him understanding. Amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
Your honorable letter dated 15/6/1391 AH has been received, may Allah guide you. It contains the information regarding the nature of the divorce that occurred from the husband M. S. to his wife, which is: that he divorced her with three divorces in a single word in exchange for four hundred riyals, which was known. The aforementioned husband stated that he had not divorced her before that, and that his wife desires to return to him. She only said before your eminence that she does not desire to return to him out of fear of some of her guardians, and he presented a paper containing this meaning.
Based on this, I have issued a ruling to the aforementioned husband that one divorce has occurred on the aforementioned wife through this divorce, and he may return to her with a new marriage contract, because her divorce is considered a khul' divorce, which separates her with a minor final separation. As is not hidden, provided it is not established before your eminence that he divorced her twice before this divorce. It is authentically reported 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 the aforementioned divorce is considered one divorce. I hope that your eminence will inform the woman and her guardian of this. May Allah guide everyone to what pleases Him and bless the efforts of your eminence. He is the best of those asked.
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.
