The ruling on one who says: "Then that is by your separation," intending divorce
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother A. M. J. (may Allah guide him to all good), amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
Your letter dated 18/3/1393 AH has arrived, may Allah guide you. It contained the information that you said to your wife: "If you go to the market, then that is by your separation," and then you said to her: "If you go to your uncle's house, then that is by your separation." You intended by the word "separation" divorce, and you meant by it to prevent her. She went to the market and to her uncle's house, then you took her back and informed her of this, up to the end of what you mentioned, was known.
And the answer: If the situation is as you described, and you intended by the divorce in the last conditional statement what you intended in the first conditional statement regarding the word "separation," and you did not intend another divorce, and you had not divorced her before this divorce, then two divorces have occurred for her thereby—as you issued a ruling for yourself accordingly—each conditional statement resulted in one divorce, and she has one divorce remaining.
Your taking her back is valid, if it was during the waiting period at the time of the taking back—according to your intention. The Messenger of Allah (peace and blessings be upon him) said:Sahih al-Bukhari 1.
If there is any doubt about this for you, or for her, or for her guardian—if he was aware of the incident—then attend with them before the honorable judge in al-Jarshi; to ask you all about the nature of the situation, and whether a divorce preceded it or followed it? Then provide the information, and I will look into it, if Allah wills. And if he sees fit to issue a ruling for you, then what he sees is sufficient, if Allah wills.
May Allah improve the condition of everyone. What I advise you is to be cautious about hastening to divorce, and to be content with reprimand and advice, and promises and threats without mentioning divorce. May Allah guide you, and protect you from the evil of your own self, and improve your condition both of you; indeed He is the Hearing, the Near.
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:
Your letter dated 18/3/1393 AH has arrived, may Allah guide you. It contained the information that you said to your wife: "If you go to the market, then that is by your separation," and then you said to her: "If you go to your uncle's house, then that is by your separation." You intended by the word "separation" divorce, and you meant by it to prevent her. She went to the market and to her uncle's house, then you took her back and informed her of this, up to the end of what you mentioned, was known.
And the answer: If the situation is as you described, and you intended by the divorce in the last conditional statement what you intended in the first conditional statement regarding the word "separation," and you did not intend another divorce, and you had not divorced her before this divorce, then two divorces have occurred for her thereby—as you issued a ruling for yourself accordingly—each conditional statement resulted in one divorce, and she has one divorce remaining.
Your taking her back is valid, if it was during the waiting period at the time of the taking back—according to your intention. The Messenger of Allah (peace and blessings be upon him) said:
The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended.
إنما الأعمال بالنيات، وإنما لكل امرئ ما نوىIf there is any doubt about this for you, or for her, or for her guardian—if he was aware of the incident—then attend with them before the honorable judge in al-Jarshi; to ask you all about the nature of the situation, and whether a divorce preceded it or followed it? Then provide the information, and I will look into it, if Allah wills. And if he sees fit to issue a ruling for you, then what he sees is sufficient, if Allah wills.
May Allah improve the condition of everyone. What I advise you is to be cautious about hastening to divorce, and to be content with reprimand and advice, and promises and threats without mentioning divorce. May Allah guide you, and protect you from the evil of your own self, and improve your condition both of you; indeed He is the Hearing, the Near.
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.