The ruling on one who contracts marriage with his ex-wife after having been one who abandoned prayer
Machine translationRead the Arabic original
Question:
The first message in this episode is from a listener named al-Hamidi, residing in al-Sulaymaniyah, Riyadh. Our brother has a long message, and an even longer topic regarding divorce. He says: I married five years ago, and at that time I did not pray, I did not fast, and I did not perform any obligatory act whatsoever. I was in constant conflict with my wife. One day I said to her: "You are divorced," in front of her family. I went to them the next day and took her to my house for good. Then, the second time, I sent her a paper and said to them: "You are divorced." After three days had passed, I went and took her to my house. After nine months, I decided to travel to Saudi Arabia and informed her family of her divorce. Then they took my belongings from my house in my absence in exchange for me divorcing her. The point is, I divorced her to avoid problems. I came to Saudi Arabia, and praise be to Allah, I became righteous, learned a lot about Islam, and began praying and fasting. I performed Hajj more than once and memorized much of the Book of Allah. I stayed in Saudi Arabia for two years, then returned to my country and contracted a new marriage with a new mahr with my first wife; because I heard from this program that the marriage of one who does not pray is invalid. So I said: My marriage from the beginning was invalid, and therefore I contracted a new marriage with her. I ask you to inform me of the validity of what I did? May Allah reward you with good.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and peace upon the Messenger of Allah, and upon his family and his Companions, and upon whoever follows his guidance.
If the reality is as you described in the question, and that you married her while you were not praying, and she was praying, then the contract is not valid; because abandoning prayer is major shirk in the most correct of the scholars' opinions, even if he does not deny its obligation. As for one who denies its obligation, he becomes a disbeliever by the consensus of the Muslims. Thus, it became clear with the first divorce, and what followed it does not attach to her. And your new contract after repentance, if she is praying, is valid, praise be to Allah.
And we ask Allah to guide you both, and to rectify your condition both. One divorce has passed for her, and it is the first divorce. The second divorce, and what followed it, does not attach to her because she is praying and you are not praying, so the contract is not valid, and nothing attaches to her because of that except one divorce. The basis is the new marriage after repentance. We ask Allah for steadfastness upon the truth for us and for you.
The presenter: O Allah, amen. May Allah reward you with good.
The first message in this episode is from a listener named al-Hamidi, residing in al-Sulaymaniyah, Riyadh. Our brother has a long message, and an even longer topic regarding divorce. He says: I married five years ago, and at that time I did not pray, I did not fast, and I did not perform any obligatory act whatsoever. I was in constant conflict with my wife. One day I said to her: "You are divorced," in front of her family. I went to them the next day and took her to my house for good. Then, the second time, I sent her a paper and said to them: "You are divorced." After three days had passed, I went and took her to my house. After nine months, I decided to travel to Saudi Arabia and informed her family of her divorce. Then they took my belongings from my house in my absence in exchange for me divorcing her. The point is, I divorced her to avoid problems. I came to Saudi Arabia, and praise be to Allah, I became righteous, learned a lot about Islam, and began praying and fasting. I performed Hajj more than once and memorized much of the Book of Allah. I stayed in Saudi Arabia for two years, then returned to my country and contracted a new marriage with a new mahr with my first wife; because I heard from this program that the marriage of one who does not pray is invalid. So I said: My marriage from the beginning was invalid, and therefore I contracted a new marriage with her. I ask you to inform me of the validity of what I did? May Allah reward you with good.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and peace upon the Messenger of Allah, and upon his family and his Companions, and upon whoever follows his guidance.
If the reality is as you described in the question, and that you married her while you were not praying, and she was praying, then the contract is not valid; because abandoning prayer is major shirk in the most correct of the scholars' opinions, even if he does not deny its obligation. As for one who denies its obligation, he becomes a disbeliever by the consensus of the Muslims. Thus, it became clear with the first divorce, and what followed it does not attach to her. And your new contract after repentance, if she is praying, is valid, praise be to Allah.
And we ask Allah to guide you both, and to rectify your condition both. One divorce has passed for her, and it is the first divorce. The second divorce, and what followed it, does not attach to her because she is praying and you are not praying, so the contract is not valid, and nothing attaches to her because of that except one divorce. The basis is the new marriage after repentance. We ask Allah for steadfastness upon the truth for us and for you.
The presenter: O Allah, amen. May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.