Ruling on taking back a wife divorced with a revocable divorce after her waiting period has ended
Machine translationRead the Arabic original
Question:
A man divorced his wife a year ago with a single divorce, and he has children from her. She is still living with his children near her husband's house, and the house belongs to him. Is it permissible for the man to take his wife back without going to the court and the judge?
Answer:
If he divorced her with only a single divorce, with no prior divorce, then he may take her back as long as she is in the waiting period. If she has exited the waiting period, as he said, it has been a year, then he must marry her with a new marriage contract with her guardian. That is, her brother, if she has a brother, or her father. That is, the closest of her male agnates. If she has a father, her father is her husband's guardian. And if she has adult sons who have guided her husband, one of her sons.
So if there is no father and no son, then the closest of the male agnates. If she has a brother, he marries her brother who is from both her father and mother. And if she does not have a brother from both her father and mother, he marries her brother from her father. If she does not have brothers, he marries the sons of her brother, meaning the male agnates. And if it is difficult for him, he asks the people of knowledge in his land until they inform him and guide him.
The intended meaning : There is no need for the judge if she is pleased with it, and he finds her guardian and marries her with her guardian, then there is no harm in that, and there is no need for the court. Because this is a clear matter. A single divorce does not make her forbidden to him, and the two divorces also do not make them forbidden to him. It is only the final third divorce that makes her forbidden.
The intended meaning : He may marry her with a new contract if she has exited the waiting period. He marries her with a new contract with her guardian, and the guardian is the closest of the male agnates. The closest of them is her father if he is present, then her paternal grandfather, the father of her father, however high up the line, then her son if she has adult sons who are capable of guiding, then after that the full brother, then the brother from the father, then the son of the full brother, then the son of the brother from the father, then the full paternal uncle, and so on, the male agnates, the closest then the next closest.
Question: Okay, is there no specified mahr?
Answer: With the mahr that they agree upon. If he agrees with the woman on a mahr, even if it is one riyal, or even one pound.
A man divorced his wife a year ago with a single divorce, and he has children from her. She is still living with his children near her husband's house, and the house belongs to him. Is it permissible for the man to take his wife back without going to the court and the judge?
Answer:
If he divorced her with only a single divorce, with no prior divorce, then he may take her back as long as she is in the waiting period. If she has exited the waiting period, as he said, it has been a year, then he must marry her with a new marriage contract with her guardian. That is, her brother, if she has a brother, or her father. That is, the closest of her male agnates. If she has a father, her father is her husband's guardian. And if she has adult sons who have guided her husband, one of her sons.
So if there is no father and no son, then the closest of the male agnates. If she has a brother, he marries her brother who is from both her father and mother. And if she does not have a brother from both her father and mother, he marries her brother from her father. If she does not have brothers, he marries the sons of her brother, meaning the male agnates. And if it is difficult for him, he asks the people of knowledge in his land until they inform him and guide him.
The intended meaning : There is no need for the judge if she is pleased with it, and he finds her guardian and marries her with her guardian, then there is no harm in that, and there is no need for the court. Because this is a clear matter. A single divorce does not make her forbidden to him, and the two divorces also do not make them forbidden to him. It is only the final third divorce that makes her forbidden.
The intended meaning : He may marry her with a new contract if she has exited the waiting period. He marries her with a new contract with her guardian, and the guardian is the closest of the male agnates. The closest of them is her father if he is present, then her paternal grandfather, the father of her father, however high up the line, then her son if she has adult sons who are capable of guiding, then after that the full brother, then the brother from the father, then the son of the full brother, then the son of the brother from the father, then the full paternal uncle, and so on, the male agnates, the closest then the next closest.
Question: Okay, is there no specified mahr?
Answer: With the mahr that they agree upon. If he agrees with the woman on a mahr, even if it is one riyal, or even one pound.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.