A Question on Swearing an Oath of Divorce
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother, the esteemed President of the Bisha Court, may Allah grant him success in all good, amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O Beloved: Your noble letter, number 2270, dated 18/11/1389 AH, has reached me, and may Allah guide you. I have reviewed the attached recording, which contains your confirmation of the nature of the divorce pronounced by the husband, M. S. V., upon his wife, S.
It is that he divorced her with three divorces in a single word, approximately six months ago. It had previously occurred that he swore an oath regarding her and a previous wife, saying, “It is upon me as my mother that neither of you sits with me,” and that both of them left his house. He had sought your legal opinion, and you had taken her back to him.
He was asked about his intention behind the aforementioned oath, and he answered that he did not intend divorce by it. The guardian of the aforementioned woman stated that he was not present at the divorce. He also presented a document stating that the husband, M. S., divorced her with three divorces in a single word. The guardian also stated that a divorce had occurred prior to this. This is based on your hearing the statements of the aforementioned divorcer and the guardian of the divorced woman, and on that basis.
So the answer is: If the divorce written in the aforementioned document is the divorce that the aforementioned husband admitted to before you, and if the zihar (likening one’s wife to a forbidden relative) that occurred from him and for which you issued a ruling is the divorce that the guardian claims occurred previously, then I have issued a ruling to the aforementioned husband: that one divorce has taken place upon his aforementioned wife due to the divorce mentioned. He may return to her through a new marriage contract, with its conditions considered valid by the Shari'ah, because she has exited the waiting period ('iddah), unless it is proven to you that he took her back (raj'ah) while she was in the waiting period. It is well known that there is a report from the Prophet (peace and blessings be upon him) indicating the aforementioned ruling.
I hope you will complete the necessary procedures and inform everyone of the aforementioned ruling. However, if the reality is otherwise, I hope you will suspend the ruling and inform us of what is established with you. May Allah reward you and thank you for your efforts.
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 2270, dated 18/11/1389 AH, has reached me, and may Allah guide you. I have reviewed the attached recording, which contains your confirmation of the nature of the divorce pronounced by the husband, M. S. V., upon his wife, S.
It is that he divorced her with three divorces in a single word, approximately six months ago. It had previously occurred that he swore an oath regarding her and a previous wife, saying, “It is upon me as my mother that neither of you sits with me,” and that both of them left his house. He had sought your legal opinion, and you had taken her back to him.
He was asked about his intention behind the aforementioned oath, and he answered that he did not intend divorce by it. The guardian of the aforementioned woman stated that he was not present at the divorce. He also presented a document stating that the husband, M. S., divorced her with three divorces in a single word. The guardian also stated that a divorce had occurred prior to this. This is based on your hearing the statements of the aforementioned divorcer and the guardian of the divorced woman, and on that basis.
So the answer is: If the divorce written in the aforementioned document is the divorce that the aforementioned husband admitted to before you, and if the zihar (likening one’s wife to a forbidden relative) that occurred from him and for which you issued a ruling is the divorce that the guardian claims occurred previously, then I have issued a ruling to the aforementioned husband: that one divorce has taken place upon his aforementioned wife due to the divorce mentioned. He may return to her through a new marriage contract, with its conditions considered valid by the Shari'ah, because she has exited the waiting period ('iddah), unless it is proven to you that he took her back (raj'ah) while she was in the waiting period. It is well known that there is a report from the Prophet (peace and blessings be upon him) indicating the aforementioned ruling.
I hope you will complete the necessary procedures and inform everyone of the aforementioned ruling. However, if the reality is otherwise, I hope you will suspend the ruling and inform us of what is established with you. May Allah reward you and thank you for your efforts.
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.