The Ruling on a Divorce Based on an Event That Did Not Occur
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother, the esteemed President of the Grand Sharia Court in Ta'if, may Allah grant him understanding in all good, amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O Beloved: Your noble letter, number 2491/2/692, dated 1/5/1391 AH, has been received, may Allah guide you. I have reviewed the attached documents, which contain your certification of the nature of the divorce pronounced by the husband, F. A. F., on his wife.
He admitted to you that he had previously divorced her and then taken her back, but then a quarrel and dispute arose between them because he learned that she had left his house to go to the photographer. He became angry over this and divorced her by saying, "I have divorced my wife with a divorce from which there is no return," on the date 8/11/1389 AH. A legal certificate of the aforementioned divorce was issued. After that, it became clear to him that she had not gone to the photographer, but rather her son was the one who took the picture for her. When he learned of this, he desired to return to her, and he stated that he had not divorced her except for that reason. She confirmed to him all of the above and expressed her desire to return to him. I have reviewed the attached certificate, issued at your dictation, which contains your certification of the last divorce, and in it is your ruling that she is separated from him by a major separation (baynunah kubra). I also understood from your aforementioned letter the desire to review the matter, consider it, and take what we deem appropriate regarding them.
Answer: Based on all that has been mentioned, what I see is that the last divorce did not take place, because it was based on an event that did not occur. It is similar to suspending it with a condition that did not occur. It is known through the evidence of the Shari'ah that rulings are based on their causes and conditions, and that the effect is removed when its cause is removed, just as the conditional is removed when its condition is removed, as is clear.
The distinguished and meticulous scholar Ibn al-Qayyim (may Allah have mercy on him) explicitly stated something similar to what we have mentioned in his book *I'lam al-Muwaqqin* regarding a man who is informed that his wife committed unlawful sexual intercourse and divorces her for that, but then learns of her innocence from what was attributed to her. He (may Allah have mercy on him) validated that the aforementioned divorce does not take place, which is clear upon reflection.
Thus, the aforementioned wife remains in the protection of her husband, because the last divorce did not take place.
I hope you will inform everyone of this—may Allah reward you, thank you for your efforts, and reward you with good for all of them.
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 2491/2/692, dated 1/5/1391 AH, has been received, may Allah guide you. I have reviewed the attached documents, which contain your certification of the nature of the divorce pronounced by the husband, F. A. F., on his wife.
He admitted to you that he had previously divorced her and then taken her back, but then a quarrel and dispute arose between them because he learned that she had left his house to go to the photographer. He became angry over this and divorced her by saying, "I have divorced my wife with a divorce from which there is no return," on the date 8/11/1389 AH. A legal certificate of the aforementioned divorce was issued. After that, it became clear to him that she had not gone to the photographer, but rather her son was the one who took the picture for her. When he learned of this, he desired to return to her, and he stated that he had not divorced her except for that reason. She confirmed to him all of the above and expressed her desire to return to him. I have reviewed the attached certificate, issued at your dictation, which contains your certification of the last divorce, and in it is your ruling that she is separated from him by a major separation (baynunah kubra). I also understood from your aforementioned letter the desire to review the matter, consider it, and take what we deem appropriate regarding them.
Answer: Based on all that has been mentioned, what I see is that the last divorce did not take place, because it was based on an event that did not occur. It is similar to suspending it with a condition that did not occur. It is known through the evidence of the Shari'ah that rulings are based on their causes and conditions, and that the effect is removed when its cause is removed, just as the conditional is removed when its condition is removed, as is clear.
The distinguished and meticulous scholar Ibn al-Qayyim (may Allah have mercy on him) explicitly stated something similar to what we have mentioned in his book *I'lam al-Muwaqqin* regarding a man who is informed that his wife committed unlawful sexual intercourse and divorces her for that, but then learns of her innocence from what was attributed to her. He (may Allah have mercy on him) validated that the aforementioned divorce does not take place, which is clear upon reflection.
Thus, the aforementioned wife remains in the protection of her husband, because the last divorce did not take place.
I hope you will inform everyone of this—may Allah reward you, thank you for your efforts, and reward you with good for all of them.
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.