In the Name of Allah, the Entirely Gracious, the Exclusively Merciful


📩 Question:

The questioner says: he divorced his wife three times, and the third divorce was khul’ (separation of the wife in return for a payment), she gave up all her rights in return for divorce, and he handed her the divorce papers. He says: and I have a son from her, and she is currently pregnant, and there are only a few days remaining until she gives birth, and it has become clear to me that sihr (magic) was done between us. Is it permissible for me to take her back?

📝 The answer:

There is a difference of opinion in this issue. The one who includes the divorce of khul’ to be from the three divorces, then she has separated from you, and she is not lawful unto you thereafter until she has married another husband other than you.

This view was adopted by the majority of the fuqaha (Islamic jurists), they considered khul’ as a divorce, so in this instance it is counted as a third divorce, even if he doesn’t utter the words of divorce. As for if he utters divorce then they considered it as a third divorce a fortiori.

And the correct view in this issue, and Allah knows best, is the view which was adopted by Shaykh al-Islam ibn Taymiyyah and ibn al-Qayyim, and it is also the view of ‘Abdullah bin ‘Abbaas and ‘Ikrimah, and that is that khul’ is considered to be an annulment of the marriage contract, even if he utters divorce with the intention of al-fida (the wife giving the husband money in return for divorcing her). So, divorce in return for al-fida is an annulment of the marital contract according to that which Shaykh al-Islam (رحمه الله) considered to be preponderant.

And according to this, it is not considered to be from the three divorces, and it is permissible for you to take your wife back with a new marriage contract, and one divorce remains for you, and this is the correct view.

And it is permissible for you to sign a new marriage contract with her before she gives birth, or after she gives birth, it’s the same thing. And she is not returned to you except with a new marital contract, because the divorce of khul’ is considered an annulment of the marriage contract, so there is no window for returning.

Original Fatwa:
https://t.me/ibnhezam/14785

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In the Name of Allāh, the Entirely Gracious, the Exclusively Merciful

📩 Question:

If a man comes to know that his wife is his sister from sucking?

📝 The answer:

If he comes to know of this, then at this instance it becomes apparent that the marital contract from the start is null and void. The marital contract is null without the need of divorce, and without a request from the woman, she is impermissible for him. It becomes impermissible for him.

Someone called me yesterday about this issue. A man had children from his sisters daughter (niece) from suckling, he suckled from his grandmother, then he married his maternal aunties daughter. He suckled from his grandmother (his mothers mother), then he married the daughter of his maternal aunty many years ago, and he didn’t come to know of this until a few days ago, so he asked what is the ruling of this?

And the answer was: that the ruling is such that the marital contract is nullified without the need for a divorce, and the mahr (dowry) is hers due to what he deemed permissible from her, and the children are legitimate, they are ascribed to him, and his sisters daughter has become impermissible for him, it is not permissible for him to approach her with the unanimous consensus of the scholars. So he distances himself from her, and it is allowed for him to honour her due to her being his mahram (someone he can’t marry). And his sisters daughter, he is her maternal uncle from suckling, so he can honour her. And he should separate and go to another house and get married. And he is allowed to attend to her needs, and provide for her and her children, they are his children, and the affair is to Allah. It is the Decree of Allah and He does whatever He wills.

Original Fatwa:
https://t.me/ibnhezam/15126

#Fatwas_on_fiqh
#Fatwas_on_women
#Fatwas_on_divorce
#Fatwas_on_suckling

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And in English:-
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In the Name of Allāh, the Entirely Gracious, the Exclusively Merciful

📩 Question:

The questioner says: if a man makes an oath to divorce and he is married to four women, which of them does the divorce apply to?

📝 The answer:

If he intended the divorce then he is to be asked if he intended to divorce only one of them, otherwise the divorce is applied to all four of them. If he intended only one of them and he names her, then the divorce applies to the one who he named.

And if he intended one of them without naming them, and he intended the divorce and went against his oath, then the correct view is that she is determined by drawing lots. Whoevers name comes out in the lot is the one who is divorced.

As for if he intended emphasis and to prohibit something or to cast fear without intending the divorce, and he only intended to emphasize and prevent something, then upon him is to come with the atonement for breaking his oath, and the divorce doesn't take place because he doesn’t have the intention of divorcing his wife in his heart rather he only wants to emphasize that he will never do this thing ever, so for this there is an atonement for breaking the oath.

Original Fatwa:
https://t.me/ibnhezam/15828

#Fatwas_on_fiqh
#Fatwas_on_women
#Fatwas_on_divorce

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In the Name of Allāh, the Entirely Gracious, the Exclusively Merciful

📩 Question:

The questioner says: What is the ruling of the one who marries a woman in a Non-Muslim country intending to stay with her for a few months and then divorcing her before returning to his country?

📝 The answer:

In other words, he marries her with the intention of divorcing after a time period. Marriage with the intention of divorce, such a marriage is impermissible for him. If they agree upon it, i.e. that the marriage is for a certain time period, then this has become like Mut’ah Nikkah (Temporary Marriage). And it is not allowed to restrict a marriage to a certain time period, Mut’ah Nikkah is haram according to the consensus of the scholars.

As for if this matter is in his heart and he did not let the woman know of it, then this is cheating the woman and deception, as the woman got married wanting to stay with her husband.

And perhaps children may be born, or perhaps she may desire to have children, and he deceives and cheats her by marrying her and then staying for a few days or months before divorcing her. This is impermissible for him. However, if this was to take place then the marriage is correct whilst him being sinful due to his intention. If the marriage takes place then the marriage is correct whilst him being sinful for his intention and sinful for his deception.


Original Fatwa:
https://t.me/ibnhezam/15959

#Fatwas_on_fiqh
#Fatwas_on_marriage
#Fatwas_on_divorce
#Fatwas_on_women

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