The ruling on abandoning one's wife for several years
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Question:
In another question, you state: It has been nearly more than nineteen years, and my father has abandoned my mother, and he does not fulfill the marital rights that Allah has prescribed between the two spouses. The situation remains this way to this day, and my mother is in the house taking care of our affairs. What is the ruling in this situation? Is she considered divorced by the passage of the mentioned period? May Allah reward you with good.
Answer:
This requires detail: If she wants a divorce, or justice, and he does not do it; then he sins by doing so, by this abandonment. However, if he has given her the choice, and said to her: If you want a divorce; I will divorce you, otherwise I cannot be just between you and your co-wife, or I cannot fulfill your obligation in terms of financial maintenance, or in terms of resuming the marriage, or intercourse. If he said that to her; then he is excused, and there is no blame on him. But if he abandoned her, left her, and did not divorce her, and she is asking for a divorce; then it is not permissible for him, he sins by doing so. And if she has children with him, he is obligated to provide for them.
The point is: If this abandonment is done with informing her, and telling her that he is unable to fulfill her right, and that he is ready to divorce her, but she did not ask for a divorce; then there is no blame on him; because she is the one who accepted this matter. And Sumayyah remained with the Prophet (peace and blessings be upon him) for a long time, and she was in his marriage bond, and he did not allocate a day for her; because she accepted that, and gave her day to Aisha, (may Allah be pleased with her).
So the point is: If this is done with her consent and agreement; then there is nothing wrong with it. But if he forced her, did not divorce her, and did not give her her right; then he sins. Yes.
The presenter: May Allah reward you with good.
In another question, you state: It has been nearly more than nineteen years, and my father has abandoned my mother, and he does not fulfill the marital rights that Allah has prescribed between the two spouses. The situation remains this way to this day, and my mother is in the house taking care of our affairs. What is the ruling in this situation? Is she considered divorced by the passage of the mentioned period? May Allah reward you with good.
Answer:
This requires detail: If she wants a divorce, or justice, and he does not do it; then he sins by doing so, by this abandonment. However, if he has given her the choice, and said to her: If you want a divorce; I will divorce you, otherwise I cannot be just between you and your co-wife, or I cannot fulfill your obligation in terms of financial maintenance, or in terms of resuming the marriage, or intercourse. If he said that to her; then he is excused, and there is no blame on him. But if he abandoned her, left her, and did not divorce her, and she is asking for a divorce; then it is not permissible for him, he sins by doing so. And if she has children with him, he is obligated to provide for them.
The point is: If this abandonment is done with informing her, and telling her that he is unable to fulfill her right, and that he is ready to divorce her, but she did not ask for a divorce; then there is no blame on him; because she is the one who accepted this matter. And Sumayyah remained with the Prophet (peace and blessings be upon him) for a long time, and she was in his marriage bond, and he did not allocate a day for her; because she accepted that, and gave her day to Aisha, (may Allah be pleased with her).
So the point is: If this is done with her consent and agreement; then there is nothing wrong with it. But if he forced her, did not divorce her, and did not give her her right; then he sins. Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.