Ruling on one who divorces his wife and then takes her back after the waiting period
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Question:
His other question says: I divorced my wife, and the reason was that she quarreled with my mother. I have four daughters from her. When I divorced her, she traveled from Morocco to France and stayed there for more than seven months. Then she returned to my country, and I found my daughters in the worst condition, and my mother is old in age and unable to care for them. When I saw that bad situation, I took my wife back to her children and paid her mahr again. She is now in my house with her children. Do I owe an expiation? Or is my action correct?
Please advise us, and may Allah guide you.
Answer:
If the divorce was one or two revocable divorces, then returning to her with a new marriage contract is permissible. If the divorce that occurred from you, O questioner, was one revocable divorce, where you said: "You are divorced," or "You are divorced," and then you returned to her with a new marriage contract, there is no harm, because she has exited the waiting period. Or if it was two revocable divorces, where you said: "You are divorced, you are divorced," or "You are divorced, you are divorced," or "You are divorced, then divorced," or "You are divorced and divorced," which is called two revocable divorces, one remains for her.
So if you return to her with a new contract, there is no harm. Likewise, if you said: "You are divorced with three," according to the correct opinion, it is considered one, contrary to the opinion of the majority. The majority validates it and forbids her to you by this, but the correct opinion is that if he says: "You are divorced with three" in one word, or "You are divorced with three," or "I divorced you with three" with this wording, or by writing it, it is considered one. This is based on what is established in the authentic hadith of Ibn Abbas (may Allah be pleased with him and his father), who said: "Divorce in the time of the Prophet (peace and blessings be upon him) was that three divorces were counted as one. When 'Umar came, he said: 'The people have hastened in a matter in which they used to be patient. If we were to validate it for them, we would do so.' So he validated the three for them," meaning: with one wording.
This is the opinion of the majority (may Allah have mercy on them), but the correct opinion is that it is counted as one, as was the case in the time of the Prophet (peace and blessings be upon him), the time of al-Siddiq, and the early part of 'Umar's caliphate. It is counted as one if he says: "She is divorced three times," or "You are divorced with three," or if he wrote this for her. This is one revocable divorce according to the correct opinion, acting in accordance with this hadith of Ibn Abbas.
As for if he says: "You are divorced, then divorced, then divorced," it is counted as three, because he repeated it. Or if he says: "You are divorced and divorced and divorced," or "You are divorced and divorced and divorced," or the like, it is counted as three. And if it is counted as three, she does not become lawful to him until she marries another husband. If it is counted as three, she does not become lawful to him until she marries another husband, a marriage of desire, not a marriage of dissolution. It must be a marriage of desire, and he must have intercourse with her. So if he marries her and has intercourse with her, then divorces her or dies from her, she becomes lawful to the first husband.
As for a marriage in which there is no intercourse, it does not make her lawful to the first husband. Or a marriage with the intention of dissolution, thinking it makes her lawful to the first husband, this is an invalid marriage, it does not benefit. Its owner is called the borrowed donkey. It is not valid, and it does not make her lawful to the first husband. It is necessary that the second husband be a lawful husband who married her for desire, then divorced her after intercourse, after entering with her, or died from her. Then she becomes lawful to the first husband by this lawful marriage in which there is intercourse and no intention of dissolution. Yes.
The presenter: May Allah reward you.
His other question says: I divorced my wife, and the reason was that she quarreled with my mother. I have four daughters from her. When I divorced her, she traveled from Morocco to France and stayed there for more than seven months. Then she returned to my country, and I found my daughters in the worst condition, and my mother is old in age and unable to care for them. When I saw that bad situation, I took my wife back to her children and paid her mahr again. She is now in my house with her children. Do I owe an expiation? Or is my action correct?
Please advise us, and may Allah guide you.
Answer:
If the divorce was one or two revocable divorces, then returning to her with a new marriage contract is permissible. If the divorce that occurred from you, O questioner, was one revocable divorce, where you said: "You are divorced," or "You are divorced," and then you returned to her with a new marriage contract, there is no harm, because she has exited the waiting period. Or if it was two revocable divorces, where you said: "You are divorced, you are divorced," or "You are divorced, you are divorced," or "You are divorced, then divorced," or "You are divorced and divorced," which is called two revocable divorces, one remains for her.
So if you return to her with a new contract, there is no harm. Likewise, if you said: "You are divorced with three," according to the correct opinion, it is considered one, contrary to the opinion of the majority. The majority validates it and forbids her to you by this, but the correct opinion is that if he says: "You are divorced with three" in one word, or "You are divorced with three," or "I divorced you with three" with this wording, or by writing it, it is considered one. This is based on what is established in the authentic hadith of Ibn Abbas (may Allah be pleased with him and his father), who said: "Divorce in the time of the Prophet (peace and blessings be upon him) was that three divorces were counted as one. When 'Umar came, he said: 'The people have hastened in a matter in which they used to be patient. If we were to validate it for them, we would do so.' So he validated the three for them," meaning: with one wording.
This is the opinion of the majority (may Allah have mercy on them), but the correct opinion is that it is counted as one, as was the case in the time of the Prophet (peace and blessings be upon him), the time of al-Siddiq, and the early part of 'Umar's caliphate. It is counted as one if he says: "She is divorced three times," or "You are divorced with three," or if he wrote this for her. This is one revocable divorce according to the correct opinion, acting in accordance with this hadith of Ibn Abbas.
As for if he says: "You are divorced, then divorced, then divorced," it is counted as three, because he repeated it. Or if he says: "You are divorced and divorced and divorced," or "You are divorced and divorced and divorced," or the like, it is counted as three. And if it is counted as three, she does not become lawful to him until she marries another husband. If it is counted as three, she does not become lawful to him until she marries another husband, a marriage of desire, not a marriage of dissolution. It must be a marriage of desire, and he must have intercourse with her. So if he marries her and has intercourse with her, then divorces her or dies from her, she becomes lawful to the first husband.
As for a marriage in which there is no intercourse, it does not make her lawful to the first husband. Or a marriage with the intention of dissolution, thinking it makes her lawful to the first husband, this is an invalid marriage, it does not benefit. Its owner is called the borrowed donkey. It is not valid, and it does not make her lawful to the first husband. It is necessary that the second husband be a lawful husband who married her for desire, then divorced her after intercourse, after entering with her, or died from her. Then she becomes lawful to the first husband by this lawful marriage in which there is intercourse and no intention of dissolution. Yes.
The presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.