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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Danger of Hiding a Woman's Divorce from Her Family

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Question:
This is a question from the listener (M. A. A. M.) from Riyadh, al-Batha:
I am a married man, and a dispute arose between me and my wife. I became angry with her and divorced her three times. She wanted to go to her family, so I swore an oath that she would not go. When she insisted on going, I said to her: "You are divorced," and I repeated this statement three times. Then I traveled abroad and stayed for two years. When I returned, I went to her family, reconciled with her, and took her back.
Please note that she did not inform her family of what happened, and she is still with me to this day. After her return, a problem occurred, so I divorced her, and to this day I have not taken her back, neither in words nor in action. What is the ruling in this case? Guide us, may Allah reward you, to what I must do?

Answer:
This is a serious action; it is not permissible for you to hide the divorce from her family. A divorce of three times is a serious matter. The rule is: if the triple divorce is not prevented by a factor that would make her forbidden, if you divorced her, then divorced her, then divorced her, the rule is that it is concluded, and it ended with the last divorce. She is not lawful to you again except after a new husband.
It is obligatory for you to ask the scholars about the first and the last divorce. You and she must ask the scholars and clarify the truth, without concealing anything. The scholars will issue a ruling for you, whether you come to me, or to the scholars in Riyadh, or elsewhere, so that the matter of the divorce, the causes of the divorce, and the woman's condition at the time of the divorce can be examined.
The point is: examination is necessary, and concealment is not permissible, nor is being lax in this matter. Taking her back after the first three divorces is a serious matter, and it is not permissible except after seeking a ruling and examining whether the three divorces took place or not, for there may be a factor preventing them from taking place. It is obligatory for the divorcer to seek a ruling and consider what the scholars say until he takes his wife back with clear knowledge.
As for divorcing, divorcing, divorcing, taking her back, and hiding what happened, this is not permissible, and it is not the conduct of a Muslim; rather, this is the conduct of a non-Muslim.
So you must explain the situation to the scholars and clarify to them what happened in your presence and in the presence of her guardian, so that the matter is clear. Then you take the ruling from the scholars. Allah is the Helper, and there is no power or strength except with Allah.
You have no right to approach her, nor to return to her, until you seek a ruling from the scholars. You have fallen into a serious matter in which it is not permissible for you to fall. So we ask Allah to guide us and you to His straight path. Yes.

The presenter: Now, regarding her staying in the house?

The Shaykh: He should not keep her in the house; he must send her to her family until he seeks a ruling. Yes.

The presenter: And if her family, for example, are outside the Kingdom?

The Shaykh: Even if they are outside the Kingdom.

The presenter: He must return her to her family.

The Shaykh: Or to a safe place with trustworthy women.

The presenter: Or with her mahrams.

The Shaykh: Or with mahrams; she stays with them until the ruling is completed, whether they are his neighbors or his trustworthy relatives. She stays with them until he seeks a ruling. Yes.

The presenter: May Allah reward you and grant you reward.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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