Ruling on taking back a wife after the husband pronounces a divorce that is not subject to taking back
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Question:
His second question says: A man divorced his wife and took her back before the completion of the waiting period, and they stayed together for about ten years. Now there has been a dispute between them, and the request for divorce came from the wife, with her urging for the divorce more than five times in front of the neighbors. So the husband stood up, took a piece of paper, and wrote: "I, So-and-so son of So-and-so, have divorced my wife So-and-so daughter of So-and-so with a Shari'ah divorce, with no taking back," and he had two men witness it. After one month had passed, the neighbors came and reconciled them regarding taking her back, so he took her back. Is this taking back valid, because he said: "No taking back"?
The Shaykh: Repeat the question, repeat it.
The presenter: The question says: A man divorced his wife and took her back before the completion of the waiting period, and they stayed together for about ten years. Now there has been a dispute between them, and the request for divorce came from the wife, with her urging for the divorce more than five times in front of the neighbors. So the husband stood up, took a piece of paper, and wrote: "I, So-and-so son of So-and-so, have divorced my wife So-and-so daughter of So-and-so with a Shari'ah divorce, with no taking back," and he had two men witness it. After one month had passed, the neighbors came and reconciled them regarding taking her back, so he took her back. Is this taking back valid, because he said in that paper: "No taking back"?
Give us your ruling, may Allah reward you.
Answer:
This requires detail. If the first divorce was a single pronouncement, and he took her back with that single pronouncement, and then he divorced her with this divorce, then this divorce counts as a single pronouncement as well, making it the second. Even if he said in it: "No taking back," the correct view is that it is in the ruling of a single pronouncement only. Even if he said in it: "Final," or said: "No taking back," or said: "With three" in a single phrase, the correct view that we issue as a ruling, and which is established from the Prophet (peace and blessings be upon him) in the hadith of Ibn 'Abbas, is: "That the divorce of three was made a single pronouncement in the time of the Prophet (peace and blessings be upon him), and in the time of al-Siddiq Abu Bakr, and in the time of 'Umar (may Allah be pleased with him) in the beginning of his caliphate." Meaning: the divorce of three in a single phrase. This is the correct view: that it is made a single pronouncement added to the first pronouncement, so the total becomes two, and he has the right to take her back, and one pronouncement remains for her. As long as she is in the waiting period, as long as she is pregnant, as long as she is in the waiting period, he takes her back, and one pronouncement remains for her.
As for if the previous divorce was two pronouncements, and he took her back with that, if it was two pronouncements, then he has no right to take her back after that; because this would be the third, completing the third, and he has no right to take her back. This is the statement of the scholars of knowledge. Yes.
The presenter: May Allah reward you with good.
His second question says: A man divorced his wife and took her back before the completion of the waiting period, and they stayed together for about ten years. Now there has been a dispute between them, and the request for divorce came from the wife, with her urging for the divorce more than five times in front of the neighbors. So the husband stood up, took a piece of paper, and wrote: "I, So-and-so son of So-and-so, have divorced my wife So-and-so daughter of So-and-so with a Shari'ah divorce, with no taking back," and he had two men witness it. After one month had passed, the neighbors came and reconciled them regarding taking her back, so he took her back. Is this taking back valid, because he said: "No taking back"?
The Shaykh: Repeat the question, repeat it.
The presenter: The question says: A man divorced his wife and took her back before the completion of the waiting period, and they stayed together for about ten years. Now there has been a dispute between them, and the request for divorce came from the wife, with her urging for the divorce more than five times in front of the neighbors. So the husband stood up, took a piece of paper, and wrote: "I, So-and-so son of So-and-so, have divorced my wife So-and-so daughter of So-and-so with a Shari'ah divorce, with no taking back," and he had two men witness it. After one month had passed, the neighbors came and reconciled them regarding taking her back, so he took her back. Is this taking back valid, because he said in that paper: "No taking back"?
Give us your ruling, may Allah reward you.
Answer:
This requires detail. If the first divorce was a single pronouncement, and he took her back with that single pronouncement, and then he divorced her with this divorce, then this divorce counts as a single pronouncement as well, making it the second. Even if he said in it: "No taking back," the correct view is that it is in the ruling of a single pronouncement only. Even if he said in it: "Final," or said: "No taking back," or said: "With three" in a single phrase, the correct view that we issue as a ruling, and which is established from the Prophet (peace and blessings be upon him) in the hadith of Ibn 'Abbas, is: "That the divorce of three was made a single pronouncement in the time of the Prophet (peace and blessings be upon him), and in the time of al-Siddiq Abu Bakr, and in the time of 'Umar (may Allah be pleased with him) in the beginning of his caliphate." Meaning: the divorce of three in a single phrase. This is the correct view: that it is made a single pronouncement added to the first pronouncement, so the total becomes two, and he has the right to take her back, and one pronouncement remains for her. As long as she is in the waiting period, as long as she is pregnant, as long as she is in the waiting period, he takes her back, and one pronouncement remains for her.
As for if the previous divorce was two pronouncements, and he took her back with that, if it was two pronouncements, then he has no right to take her back after that; because this would be the third, completing the third, and he has no right to take her back. This is the statement of the scholars of knowledge. Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.