Is it taken from the Prophet's (peace and blessings be upon him) command to 'Umar to take back his son Abdullah's wife that she was still in his possession and that there had been no divorce?
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The questioner : Is it taken, O Shaykh, from the Messenger's (peace and blessings be upon him) command to 'Umar to take back Abdullah ibn 'Umar's wife that she was in his possession...?
The Shaykh : This is the view of the Shaykh al-Islam, but the majority of scholars say no, because the command "let him take her back" implies that a taking back only occurs after a divorce has been established. In truth, if we look at the wording of the hadith, we would say it supports the majority's opinion. However, if we look at the general principles of Islamic law, it becomes clear that the correct view is that the divorce does not take place. Yes.
The Shaykh : This is the view of the Shaykh al-Islam, but the majority of scholars say no, because the command "let him take her back" implies that a taking back only occurs after a divorce has been established. In truth, if we look at the wording of the hadith, we would say it supports the majority's opinion. However, if we look at the general principles of Islamic law, it becomes clear that the correct view is that the divorce does not take place. Yes.