What is the ruling on a man who says to his wife: “You are forbidden to me”?
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Question:
A man married a woman, and she bore him children. Then he divorced her and declared her forbidden to himself, uttering the words: “She is forbidden to him; she is lawful for black dogs but not for him.” After twenty years, one of their sons tried to persuade him to marry her again under a new contract. Does he owe anything? It is known that he has children from her and from other women.
Answer:
This does not require looking into the divorce; rather, it is necessary to examine the divorce that he pronounced. If it is established that the divorce was one or two, he may return to her with a new contract. If it is established that he divorced her with the third divorce, and that it was the third, then she is not lawful for him until she marries another husband.
Therefore, examination is necessary; there is no doubt in that. He, she, and her guardian must contact the scholar who will issue the ruling for them, and the judge who will issue the ruling from among the people of knowledge, so that they all explain the nature of the divorce. The husband, the divorced woman, and her guardian gather before the Shari'ah judge or the scholar to be issued a ruling, so that they explain the incident to him and so that he knows the truth. Then the fatwa is issued based on that.
The principle is that if the divorce was one or two, it does not make her forbidden to him; rather, it is permissible for him with a new contract if she has exited the waiting period. However, if he divorced her with the final third divorce, she is not lawful for him according to all Muslims until she marries another husband; because of His saying, the Exalted: meaning: the third [al-Baqarah: 230].
As for the declaration of prohibition, it has another matter. If he declared her forbidden, his declaration has another aspect: if he said, “She is forbidden to him” or “She is like the back of his mother,” and he did not divorce her, but only declared her forbidden; then he has an expiation. He declared her forbidden only and did not divorce her, so he has an expiation before he touches her, which is freeing a believing slave. If he is unable, he fasts two consecutive months. If he is unable, he feeds sixty poor people before he touches her.
A man married a woman, and she bore him children. Then he divorced her and declared her forbidden to himself, uttering the words: “She is forbidden to him; she is lawful for black dogs but not for him.” After twenty years, one of their sons tried to persuade him to marry her again under a new contract. Does he owe anything? It is known that he has children from her and from other women.
Answer:
This does not require looking into the divorce; rather, it is necessary to examine the divorce that he pronounced. If it is established that the divorce was one or two, he may return to her with a new contract. If it is established that he divorced her with the third divorce, and that it was the third, then she is not lawful for him until she marries another husband.
Therefore, examination is necessary; there is no doubt in that. He, she, and her guardian must contact the scholar who will issue the ruling for them, and the judge who will issue the ruling from among the people of knowledge, so that they all explain the nature of the divorce. The husband, the divorced woman, and her guardian gather before the Shari'ah judge or the scholar to be issued a ruling, so that they explain the incident to him and so that he knows the truth. Then the fatwa is issued based on that.
The principle is that if the divorce was one or two, it does not make her forbidden to him; rather, it is permissible for him with a new contract if she has exited the waiting period. However, if he divorced her with the final third divorce, she is not lawful for him according to all Muslims until she marries another husband; because of His saying, the Exalted:
If he divorces her
فَإِنْ طَلَّقَهَاshe is not lawful to him afterward until [after] she marries a husband other than him
فَلَا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُAs for the declaration of prohibition, it has another matter. If he declared her forbidden, his declaration has another aspect: if he said, “She is forbidden to him” or “She is like the back of his mother,” and he did not divorce her, but only declared her forbidden; then he has an expiation. He declared her forbidden only and did not divorce her, so he has an expiation before he touches her, which is freeing a believing slave. If he is unable, he fasts two consecutive months. If he is unable, he feeds sixty poor people before he touches her.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.