The ruling on a husband saying to his wife: "You are no longer sitting in my house"
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The listener (A. M. Q.) sent a somewhat lengthy case, stating: A quarrel occurred between my elderly mother and my wife over a certain matter. I became angry because she raised her voice at my mother, so I said to her, without taking an oath of divorce: "You are no longer sitting in my house." She then replied to me: "I am free from you," three times. She then went to her father's house that same day and stayed there for a month. When I wanted to travel abroad, my mother said to me: "Go and bring your wife back to her children." I had left behind three children from her before traveling. When I met her father after the month, he said to me: "Go immediately and bring the official marriage officer to divorce my daughter from you." I returned to my house, and at night, on that same day, I heard a voice calling out at night, meaning knocking on the door. I opened the door, and there was my wife. She entered her house against her father's will because she did not want the divorce, and she remained in her house. She bore a daughter after the aforementioned oath without me obtaining a fatwa from anyone. I ask you to inform us, may Allah reward you with good: Does what came from me count as a divorce? Knowing that her father has been cutting off ties with her for two years, not seeing her and not being dutiful to her in any way, may Allah reward you with good?
Answer: If your intention when you said, "You are no longer with me," was divorce, then it is one divorce, and your taking her back is valid by your having intercourse with her after she returned to you with the intention of taking her back, provided that you had not divorced her twice before this. However, if you did not intend divorce and said these words without the intention of divorce, then nothing takes place by it, and your wife remains in your protection, praise be to Allah. It is incumbent upon you and her to strive to please her father, for undutifulness to parents is among the great crimes. So you and the woman must strive to please him and seek his favor through the good among his companions so that they intercede with him to allow her to be with you and be pleased with her. We ask Allah for guidance for everyone. Yes.
The presenter: O Allah, amen. May Allah reward you with good.
Answer: If your intention when you said, "You are no longer with me," was divorce, then it is one divorce, and your taking her back is valid by your having intercourse with her after she returned to you with the intention of taking her back, provided that you had not divorced her twice before this. However, if you did not intend divorce and said these words without the intention of divorce, then nothing takes place by it, and your wife remains in your protection, praise be to Allah. It is incumbent upon you and her to strive to please her father, for undutifulness to parents is among the great crimes. So you and the woman must strive to please him and seek his favor through the good among his companions so that they intercede with him to allow her to be with you and be pleased with her. We ask Allah for guidance for everyone. Yes.
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.
