Divorce does not take effect on the basis of doubt
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From Abdulaziz ibn Abdullah ibn Baz to the honorable brother, the virtuous Shaykh / A. H. Q., 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, I have reviewed the letter addressed to me from the brother / A. A. T., dated 6/9/1390 AH, which contained his report regarding his divorce of his wife with three pronouncements in a single utterance on 2/9/1390 AH, and that he had not divorced her before that, and that he took her back, and bore witness to that. I understood what was included in your explanation at the end of the aforementioned letter, namely the presence of the father of the divorced wife of the aforementioned husband with you, and his confirmation to him that no divorce had been issued by the aforementioned husband against his daughter.
Answer: Based on that: I have issued a ruling to the aforementioned husband that one pronouncement of divorce has taken effect on the aforementioned wife through the divorce mentioned in his attached statement, provided that he is certain that the aforementioned divorce took place. He may take her back as long as she is in the waiting period; because it is authentically reported from the Prophet (peace and blessings be upon him) what indicates this, as is not hidden. He must repent from his divorce; because it is a forbidden divorce, as your virtue knows.
However, if the aforementioned husband is not certain that the divorce took place from him, but has doubt about it, then the divorce has not taken effect; because it does not take effect on the basis of doubt, and the wife remains in his protection. So I hope you will inform everyone of the aforementioned ruling.
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, I have reviewed the letter addressed to me from the brother / A. A. T., dated 6/9/1390 AH, which contained his report regarding his divorce of his wife with three pronouncements in a single utterance on 2/9/1390 AH, and that he had not divorced her before that, and that he took her back, and bore witness to that. I understood what was included in your explanation at the end of the aforementioned letter, namely the presence of the father of the divorced wife of the aforementioned husband with you, and his confirmation to him that no divorce had been issued by the aforementioned husband against his daughter.
Answer: Based on that: I have issued a ruling to the aforementioned husband that one pronouncement of divorce has taken effect on the aforementioned wife through the divorce mentioned in his attached statement, provided that he is certain that the aforementioned divorce took place. He may take her back as long as she is in the waiting period; because it is authentically reported from the Prophet (peace and blessings be upon him) what indicates this, as is not hidden. He must repent from his divorce; because it is a forbidden divorce, as your virtue knows.
However, if the aforementioned husband is not certain that the divorce took place from him, but has doubt about it, then the divorce has not taken effect; because it does not take effect on the basis of doubt, and the wife remains in his protection. So I hope you will inform everyone of the aforementioned ruling.
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.