The ruling on one who divorces his wife under coercion for a financial compensation
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother, the virtuous Shaykh / A. S., may Allah guide him, amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O Beloved: A person who called himself J. N. H. came to me, and he mentioned that the one called A. B. and the one called F. 'A. came to him at his house on a day with wind and rain, about a month ago, and they asked him to divorce his wife, but he refused. So they pressed him and persisted with him, and he divorced her with one divorce. Then they gave him about two thousand riyals—according to his estimate, and he did not count them—so he refused to accept them and said, "I have no need for them." So they stood up and left them. He feared for them from the rain and wind, so he took them and handed them to Sh. N. H. as a trust, and he witnessed his taking back of the aforementioned wife on the same day. Then he also witnessed that on the same day—meaning the taking back—F. Sh., so he said. And I ordered him to attend with her father, and with the two witnesses of the taking back, before your eminence; to ask everyone about the nature of what happened, and to issue a ruling to them based on what appears to you from the pure Shari'ah.
Answer: It is not hidden from your eminence that such a divorce is a revocable divorce—if the reality is what the aforementioned husband mentioned; because he did not divorce her in the manner of khul', nor for the sake of the aforementioned money, but rather he divorced her out of shyness from the two aforementioned persons, and to fulfill their desire.
As for if the reality is contrary to what the husband mentioned, then in what you see, if Allah wills, is sufficient. And if you see fit to establish the reality and inform me of it, so that I may look into it if there is a problem, then there is no harm.
May Allah guide everyone to what pleases Him, and make us and you and all our brothers among those who cooperate upon righteousness and piety; indeed He is Generous and Noble.
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: A person who called himself J. N. H. came to me, and he mentioned that the one called A. B. and the one called F. 'A. came to him at his house on a day with wind and rain, about a month ago, and they asked him to divorce his wife, but he refused. So they pressed him and persisted with him, and he divorced her with one divorce. Then they gave him about two thousand riyals—according to his estimate, and he did not count them—so he refused to accept them and said, "I have no need for them." So they stood up and left them. He feared for them from the rain and wind, so he took them and handed them to Sh. N. H. as a trust, and he witnessed his taking back of the aforementioned wife on the same day. Then he also witnessed that on the same day—meaning the taking back—F. Sh., so he said. And I ordered him to attend with her father, and with the two witnesses of the taking back, before your eminence; to ask everyone about the nature of what happened, and to issue a ruling to them based on what appears to you from the pure Shari'ah.
Answer: It is not hidden from your eminence that such a divorce is a revocable divorce—if the reality is what the aforementioned husband mentioned; because he did not divorce her in the manner of khul', nor for the sake of the aforementioned money, but rather he divorced her out of shyness from the two aforementioned persons, and to fulfill their desire.
As for if the reality is contrary to what the husband mentioned, then in what you see, if Allah wills, is sufficient. And if you see fit to establish the reality and inform me of it, so that I may look into it if there is a problem, then there is no harm.
May Allah guide everyone to what pleases Him, and make us and you and all our brothers among those who cooperate upon righteousness and piety; indeed He is Generous and Noble.
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.
