The ruling on one who divorces his wife and pronounces zihar against her while angry
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Question:
This is a letter from the questioner, al-Badawi Hamad from Sudan. He says: I became very angry with my wife, so I said to her: You are divorced, you are like my mother’s back, and I now want to take her back...
The Shaykh: Repeat.
The presenter: He says: I became very angry with my wife, so I said to her: You are divorced, you are like my mother’s back, and I now want to take her back. What is the ruling of the Shari'ah in this matter?
Please advise me, may Allah reward you.
Answer:
This involves a divorce and zihar. His statement, “You are divorced,” counts as one divorce if there were two prior divorces, so this is one. He should take her back during the waiting period, and it is a recommended practice to have two witnesses testify that he has taken back his wife, as long as she is still in the waiting period. The waiting period is three menstrual cycles. If he takes her back before she has had three menstrual cycles, provided she menstruates, there is no harm. If she does not menstruate due to old age, her waiting period is three months. Once the three months have passed, the waiting period ends.
In addition to this, he owes the expiation for zihar because of his statement, “You are like my mother’s back.” If he performs the expiation for zihar, it becomes permissible for him to have intercourse with her and other forms of intimacy. The expiation for zihar is freeing a believing slave. If he cannot find one, he must fast for two consecutive months. If he is unable to do so, he must feed sixty poor people, giving each poor person half a sa' (a dry measure of about 3 kg) of the local staple food, such as dates, wheat, or rice, before he touches her, before he approaches her. He must also repent to Allah for this, because it is an evil statement. Prohibition is an evil, and zihar is an evil, so he must repent to Allah for that.
As for the intensity of the anger, there is a detailed discussion on this, but this is the answer regarding what occurred on his part. If he has a judge in his country, he can contact the judge and explain to him the causes of the anger, involving him, the woman, and her guardian. If he is close by, he can contact us if he is nearby, so that we can look into his case regarding the intensity of the anger and its causes. Otherwise, this is the answer regarding what occurred on his part, if we leave aside the discussion concerning the intensity of the anger. Yes.
This is a letter from the questioner, al-Badawi Hamad from Sudan. He says: I became very angry with my wife, so I said to her: You are divorced, you are like my mother’s back, and I now want to take her back...
The Shaykh: Repeat.
The presenter: He says: I became very angry with my wife, so I said to her: You are divorced, you are like my mother’s back, and I now want to take her back. What is the ruling of the Shari'ah in this matter?
Please advise me, may Allah reward you.
Answer:
This involves a divorce and zihar. His statement, “You are divorced,” counts as one divorce if there were two prior divorces, so this is one. He should take her back during the waiting period, and it is a recommended practice to have two witnesses testify that he has taken back his wife, as long as she is still in the waiting period. The waiting period is three menstrual cycles. If he takes her back before she has had three menstrual cycles, provided she menstruates, there is no harm. If she does not menstruate due to old age, her waiting period is three months. Once the three months have passed, the waiting period ends.
In addition to this, he owes the expiation for zihar because of his statement, “You are like my mother’s back.” If he performs the expiation for zihar, it becomes permissible for him to have intercourse with her and other forms of intimacy. The expiation for zihar is freeing a believing slave. If he cannot find one, he must fast for two consecutive months. If he is unable to do so, he must feed sixty poor people, giving each poor person half a sa' (a dry measure of about 3 kg) of the local staple food, such as dates, wheat, or rice, before he touches her, before he approaches her. He must also repent to Allah for this, because it is an evil statement. Prohibition is an evil, and zihar is an evil, so he must repent to Allah for that.
As for the intensity of the anger, there is a detailed discussion on this, but this is the answer regarding what occurred on his part. If he has a judge in his country, he can contact the judge and explain to him the causes of the anger, involving him, the woman, and her guardian. If he is close by, he can contact us if he is nearby, so that we can look into his case regarding the intensity of the anger and its causes. Otherwise, this is the answer regarding what occurred on his part, if we leave aside the discussion concerning the intensity of the anger. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.