Ruling on a divorced woman appearing before her former husband
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This is a letter from the Iraqi Republic, Baghdad Governorate, from the questioner (E. K. J). He says in his letter: There is a woman who is married and divorced, and married to another man. She has daughters from her former husband, and she enters her former husband’s house and sees him and he sees her. The same situation applies to her eldest daughter; she is married and divorced, has a son from her former husband, and her former husband sees her and she sees him. What is the ruling on this?
The Shaykh: Unfortunately, it is ..!
The presenter: Shall I repeat the question?
The Shaykh: Yes.
The presenter: The question again: A divorced woman is married to another man, and she has daughters from him. He enters upon her, and she sees him and he sees her. Likewise, her eldest daughter is in the same situation: divorced and married to another man, and her former husband sees her and she sees him?
Answer: This requires detail. If his entering upon her is to see his daughters, and likewise the other woman, where the man enters upon her for the sake of his daughter in the presence of her father, in the presence of her brother, or in the presence of her second husband, in a manner that contains no suspicion and no fitnah, then there is no harm in this, and there is no doubt in this case, provided the entry is clear and honorable, containing nothing else, so that he may see his daughters. Even if she greets him, there is no harm, provided there is hijab, provided she veils herself from him. If she greets him, it must be in the presence of someone whose presence removes the accusation.
As for his entering upon his former wife for the sake of his daughters, absolutely, without anyone present, this is not permissible; because it may lead to fitnah and it may lead to accusation, especially if the daughters are young, in which case the fitnah would be greater.
So the result is that he does not enter upon her except if he is with someone whose presence removes the accusation, such as her new husband, or her trusted father, or her trusted brother who is not accused of anything; then there is no harm in this.
As for the entry that is accompanied by accusation, it is prohibited; because Satan flows through the son of Adam as blood flows, and he may agree with her on something, and she may say to her daughters: “Go to such and such, and go to such and such.” So Satan is present, and his deception is much, and his beautification of corruption and evil is much. So it is obligatory upon the believer to be cautious of this thing and not to proceed with it except in a sound manner that contains no accusation. This is what is obligatory in these matters. Yes.
The presenter: Okay, may Allah reward you with good. So we understand from this that if he wants to see her and she sees him, it is necessary for a mahram to be present so that there is no seclusion, and it is necessary for her to veil herself from him?
The Shaykh: Hijab is necessary, but a mahram is not necessarily required; it is necessary for people to be present with whom there is no suspicion in the entry.
The presenter: Meaning, so that seclusion is eliminated?
The Shaykh: For example, if he enters with known people, or if she has, meaning, known women, such as her sisters, such as her mother, or her grandmother, such as people with whom the accusation is removed. But if it is a mahram, that is more complete, such as her brother, her father, or her trusted paternal uncle; that is more complete. Even if he enters upon her and she has trusted women present, from a mother or sisters or the like, the intention is women with whom the accusation is removed, in a manner that contains no accusation. This is the criterion: that the manner contains no accusation. Yes.
The presenter: May Allah reward you with good.
The Shaykh: Unfortunately, it is ..!
The presenter: Shall I repeat the question?
The Shaykh: Yes.
The presenter: The question again: A divorced woman is married to another man, and she has daughters from him. He enters upon her, and she sees him and he sees her. Likewise, her eldest daughter is in the same situation: divorced and married to another man, and her former husband sees her and she sees him?
Answer: This requires detail. If his entering upon her is to see his daughters, and likewise the other woman, where the man enters upon her for the sake of his daughter in the presence of her father, in the presence of her brother, or in the presence of her second husband, in a manner that contains no suspicion and no fitnah, then there is no harm in this, and there is no doubt in this case, provided the entry is clear and honorable, containing nothing else, so that he may see his daughters. Even if she greets him, there is no harm, provided there is hijab, provided she veils herself from him. If she greets him, it must be in the presence of someone whose presence removes the accusation.
As for his entering upon his former wife for the sake of his daughters, absolutely, without anyone present, this is not permissible; because it may lead to fitnah and it may lead to accusation, especially if the daughters are young, in which case the fitnah would be greater.
So the result is that he does not enter upon her except if he is with someone whose presence removes the accusation, such as her new husband, or her trusted father, or her trusted brother who is not accused of anything; then there is no harm in this.
As for the entry that is accompanied by accusation, it is prohibited; because Satan flows through the son of Adam as blood flows, and he may agree with her on something, and she may say to her daughters: “Go to such and such, and go to such and such.” So Satan is present, and his deception is much, and his beautification of corruption and evil is much. So it is obligatory upon the believer to be cautious of this thing and not to proceed with it except in a sound manner that contains no accusation. This is what is obligatory in these matters. Yes.
The presenter: Okay, may Allah reward you with good. So we understand from this that if he wants to see her and she sees him, it is necessary for a mahram to be present so that there is no seclusion, and it is necessary for her to veil herself from him?
The Shaykh: Hijab is necessary, but a mahram is not necessarily required; it is necessary for people to be present with whom there is no suspicion in the entry.
The presenter: Meaning, so that seclusion is eliminated?
The Shaykh: For example, if he enters with known people, or if she has, meaning, known women, such as her sisters, such as her mother, or her grandmother, such as people with whom the accusation is removed. But if it is a mahram, that is more complete, such as her brother, her father, or her trusted paternal uncle; that is more complete. Even if he enters upon her and she has trusted women present, from a mother or sisters or the like, the intention is women with whom the accusation is removed, in a manner that contains no accusation. This is the criterion: that the manner contains no accusation. 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.
