Ruling on the guardian preventing the husband from taking back his wife
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Question:
His second question says: If a man divorces his wife with one legal divorce, and does not take her back before her waiting period ends, but he wants to take her back, and her guardian files a lawsuit and creates problems in order to end the waiting period, so that he cannot take her back except with a new contract, and he achieves his goal from that, what is the ruling?
May Allah reward you with good.
Answer:
It is obligatory for the guardian to help in good and not to stand as an obstacle in the way of taking back the wife. The husband has the right to take her back as long as she is in the waiting period, and he has not divorced her except with one or two divorces. He has the right to take her back, and he should witness two just witnesses to the taking back, two just witnesses to the taking back, and the taking back is established for him, even if her guardian opposes him, and even if her guardian refuses him, that does not harm him. So he should witness two just witnesses: that I have taken back my wife so-and-so, as long as she is in the waiting period, and she remains his wife with this taking back.
And her guardian should fear Allah, and allow the man to have his wife if the wife is satisfied with that. But if the wife is refusing, and there is a dispute, then this returns to the courts. He and his wife and her guardian review the court, and the judge looks into the causes that necessitated the dispute. But if the woman is satisfied, and the waiting period has not ended, and the divorce is one or two, then he takes her back, even if the guardian is not satisfied, and even if she is not satisfied either. He witnesses two witnesses that he took her back as long as she is in the waiting period, and the divorce is one or two. He has the right to take her back in this case, and the taking back is established, even if the wife is not satisfied, and even if the guardian is not satisfied, if he witnesses two witnesses with that, or the woman admits to that. And the guardian does not have the right to oppose without a legal basis. So he should help in good, and he does not have the right to oppose except with a legal basis. Yes.
The presenter: May Allah reward you.
His second question says: If a man divorces his wife with one legal divorce, and does not take her back before her waiting period ends, but he wants to take her back, and her guardian files a lawsuit and creates problems in order to end the waiting period, so that he cannot take her back except with a new contract, and he achieves his goal from that, what is the ruling?
May Allah reward you with good.
Answer:
It is obligatory for the guardian to help in good and not to stand as an obstacle in the way of taking back the wife. The husband has the right to take her back as long as she is in the waiting period, and he has not divorced her except with one or two divorces. He has the right to take her back, and he should witness two just witnesses to the taking back, two just witnesses to the taking back, and the taking back is established for him, even if her guardian opposes him, and even if her guardian refuses him, that does not harm him. So he should witness two just witnesses: that I have taken back my wife so-and-so, as long as she is in the waiting period, and she remains his wife with this taking back.
And her guardian should fear Allah, and allow the man to have his wife if the wife is satisfied with that. But if the wife is refusing, and there is a dispute, then this returns to the courts. He and his wife and her guardian review the court, and the judge looks into the causes that necessitated the dispute. But if the woman is satisfied, and the waiting period has not ended, and the divorce is one or two, then he takes her back, even if the guardian is not satisfied, and even if she is not satisfied either. He witnesses two witnesses that he took her back as long as she is in the waiting period, and the divorce is one or two. He has the right to take her back in this case, and the taking back is established, even if the wife is not satisfied, and even if the guardian is not satisfied, if he witnesses two witnesses with that, or the woman admits to that. And the guardian does not have the right to oppose without a legal basis. So he should help in good, and he does not have the right to oppose except with a legal basis. Yes.
The presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.