The ruling on one who divorced his wife three times and did not pray
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Question:
A very long letter, prompted by a listener who says: (M. A.), a Sudanese resident living in Riyadh, residing in al-Sulaymaniyah. He says in his letter: I am a young man of thirty-five years old. Throughout these years, I never prayed. I married three years ago, and my wife was constantly at odds with me. I worked as a taxi driver, and my wife did not trust this profession because she was extremely, extremely jealous. She insisted that I give up this job, and I did not agree. The important point and the summary are as follows:
One day I went to her family’s house, and when I went, since she insisted on divorce, in her family’s home in front of her parents I said to her: That’s it, you are divorced. The next day I went back and took her to my house without any fuss, as if nothing had happened. After six months passed, I also went to her family’s house, and she insisted on divorce a second time. I sent her a letter and said to her: That’s it, you are divorced. After a month passed, I went to her and took her to my house as happened the first time, meaning: without a contract. She lived with me for about thirteen months, and when I wanted to travel...
The Shaykh: He wrote "contract."
The presenter: He says "contract," I do not know what he means by it?
And when I wanted to travel to Saudi Arabia, and while I was preparing for the trip, her mother came to my house, took all the furniture, and my wife, and left with them. My wife’s mother insisted that I divorce her. The important thing is: people of good intervened as mediators, but to no avail. And due to the circumstances of travel, I divorced her in front of seven people, a divorce against my will. All these divorces were merely a solution to the problems, and I never intended in my heart to part with her. Praise be to Allah, I arrived in Saudi Arabia, and I repented from everything, and I performed the obligatory Hajj and Umrah more than three times.
Please guide me to the truth, and is my marriage invalid from its beginning due to not performing the obligatory acts, especially prayer? I ask for your information, and "contract" means: the marriage contract, as my brother Salah informs. May Allah reward you with good.
Answer:
First: abandoning prayer is among the great crimes, indeed it is disbelief, as the Prophet (peace and blessings be upon him) said:Sahih Muslim 82b And he (peace and blessings be upon him) said: Sunan Ibn Majah 1079Sahih (Darussalam) So if your wife was praying and you were not praying at the time of the contract, the contract is not valid according to the most correct opinion of the scholars, and it is obligatory to renew it after repentance.
And in any case, this issue needs to be reviewed by the mufti in your country. You, the woman, and her guardian should review it with the mufti in your country. You explain the story and the reality to him, and he looks into it, if Allah wills, and we ask Allah for guidance for everyone. Yes.
The presenter: O Allah, amen. May Allah reward you with good. So in this complex matter, it needs to be reviewed by the mufti in his country?
The Shaykh: Yes, yes, so that the group is present with him: the man, the woman, and her guardian, and so that he can ask them about the facts, and so that he is informed about it, then he issues a ruling to them based on what the pure Shari'ah requires. Yes.
The presenter: May Allah bless you.
A very long letter, prompted by a listener who says: (M. A.), a Sudanese resident living in Riyadh, residing in al-Sulaymaniyah. He says in his letter: I am a young man of thirty-five years old. Throughout these years, I never prayed. I married three years ago, and my wife was constantly at odds with me. I worked as a taxi driver, and my wife did not trust this profession because she was extremely, extremely jealous. She insisted that I give up this job, and I did not agree. The important point and the summary are as follows:
One day I went to her family’s house, and when I went, since she insisted on divorce, in her family’s home in front of her parents I said to her: That’s it, you are divorced. The next day I went back and took her to my house without any fuss, as if nothing had happened. After six months passed, I also went to her family’s house, and she insisted on divorce a second time. I sent her a letter and said to her: That’s it, you are divorced. After a month passed, I went to her and took her to my house as happened the first time, meaning: without a contract. She lived with me for about thirteen months, and when I wanted to travel...
The Shaykh: He wrote "contract."
The presenter: He says "contract," I do not know what he means by it?
And when I wanted to travel to Saudi Arabia, and while I was preparing for the trip, her mother came to my house, took all the furniture, and my wife, and left with them. My wife’s mother insisted that I divorce her. The important thing is: people of good intervened as mediators, but to no avail. And due to the circumstances of travel, I divorced her in front of seven people, a divorce against my will. All these divorces were merely a solution to the problems, and I never intended in my heart to part with her. Praise be to Allah, I arrived in Saudi Arabia, and I repented from everything, and I performed the obligatory Hajj and Umrah more than three times.
Please guide me to the truth, and is my marriage invalid from its beginning due to not performing the obligatory acts, especially prayer? I ask for your information, and "contract" means: the marriage contract, as my brother Salah informs. May Allah reward you with good.
Answer:
First: abandoning prayer is among the great crimes, indeed it is disbelief, as the Prophet (peace and blessings be upon him) said:
Between man and polytheism and unbelief is the abandonment of salat.
بين الرجل وبين الشرك والكفر ترك الصلاةThe covenant that distinguishes between us and them is prayer; so whoever leaves it, he has committed Kufr.
العهد الذي بيننا وبينهم الصلاة، فمن تركها فقد كفرAnd in any case, this issue needs to be reviewed by the mufti in your country. You, the woman, and her guardian should review it with the mufti in your country. You explain the story and the reality to him, and he looks into it, if Allah wills, and we ask Allah for guidance for everyone. Yes.
The presenter: O Allah, amen. May Allah reward you with good. So in this complex matter, it needs to be reviewed by the mufti in his country?
The Shaykh: Yes, yes, so that the group is present with him: the man, the woman, and her guardian, and so that he can ask them about the facts, and so that he is informed about it, then he issues a ruling to them based on what the pure Shari'ah requires. Yes.
The presenter: May Allah bless you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.