A Question Regarding Revocable Divorce
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother F. M. M. (may Allah guide him to all that is good), Amen.
Peace be upon you, and Allah's mercy and blessings. As for what follows:
Your noble letter, dated without [date], has reached us, may Allah guide you with His guidance, along with the information contained therein that you sent your wife to her family in the month of Ramadan 1388 AH, and that your intention was that you would divorce her, and that she remained with her family until the month of Rajab 1389 AH, then they asked you to take her back, so you divorced her with a divorce in accordance with the Sunnah on the date of 19/7/1389 AH.
Your question regarding the permissibility of taking her back, and whether you would be sinful if you disobeyed your mother and resolved not to take her back because you have no affection for her in your heart; all of this was known.
And the answer: If the situation is as you described, then one divorce pronouncement has taken effect on her with the divorce you mentioned, and taking her back is preferable if she is still in the waiting period, in order to please your mother and your in-laws, and in the hope that Allah will place affection for her in your heart after the taking back; for Allah the Exalted said: [Surat al-Baqarah: 216].
As for your statement that when you sent her away, you intended that you would divorce her, this is a resolve to divorce and is not a divorce, and intention alone does not effect anything.
May Allah guide everyone to what pleases Him.
And peace be upon you and the mercy of Allah and His blessings.
Peace be upon you, and Allah's mercy and blessings. As for what follows:
Your noble letter, dated without [date], has reached us, may Allah guide you with His guidance, along with the information contained therein that you sent your wife to her family in the month of Ramadan 1388 AH, and that your intention was that you would divorce her, and that she remained with her family until the month of Rajab 1389 AH, then they asked you to take her back, so you divorced her with a divorce in accordance with the Sunnah on the date of 19/7/1389 AH.
Your question regarding the permissibility of taking her back, and whether you would be sinful if you disobeyed your mother and resolved not to take her back because you have no affection for her in your heart; all of this was known.
And the answer: If the situation is as you described, then one divorce pronouncement has taken effect on her with the divorce you mentioned, and taking her back is preferable if she is still in the waiting period, in order to please your mother and your in-laws, and in the hope that Allah will place affection for her in your heart after the taking back; for Allah the Exalted said:
But perhaps you hate a thing and it is good for you
وَعَسَى أَن تَكْرَهُواْ شَيْئًا وَهُوَ خَيْرٌ لَكُمْAs for your statement that when you sent her away, you intended that you would divorce her, this is a resolve to divorce and is not a divorce, and intention alone does not effect anything.
May Allah guide everyone to what pleases Him.
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.
