Part 23

As for the ~“Iddah from the second husband, it is a controversial point among scholars. If the second husband knows that his marriage with her is forbidden, the sound opinion is that there should be an ~“Iddah. If he thinks that such marriage is valid, there must be an ~Iddah from him.

A man promised his wife to divorce her, but he had the intention to resume marriage with her and conclude a new marriage contract with another dowry, is this valid?

Q: A man said to his wife: I do not want you. Go to your family. I am going to divorce you. He really intended to divorce her. Is it valid to resume marriage with her and conclude a new marriage contract with another dowry?

A: The promise to divorce is not effected and it is neither obligatory nor desirable to fulfill it. If he really divorced her and by saying “Go to your family”, he meant divorce, she is once divorced unless he intended more. He has the right to resume marriage with her during her waiting period even without her consent, her custodian or dowry. Allah knows best.

Is it permissible for a man to divorce his wife just because his mother hates her?

Q: A woman hates the wife of her son although she has given birth to children. The husband’s mother advises him to divorce her. Is it allowed for him to do so?

When a man thrice divorces his wife unintentionally and he means just once, is it effected?

Q: A man quarreled with his wife and he wanted to divorce her once, but he erred and he divorced her thrice. What is the legal judgment?

A: All praise be to Allah. If he erred and divorced her thrice while he intends just once, only one divorce is effected. Even if he erred and intended to say another word instead of divorce but he said it unintentionally, no divorce is effected. Allah knows best.

A man is indebted to his wife and he wanted to divorce her if he did not pay his debt. If she acquitted him from such debt, is divorce effected?

Q: A man was indebted to his wife who said to him: I am afraid that you may not pay me back. He replied: If I have not settled such debt by the end of Ramadan, you are thrice divorced. The husband is now absent in Qus and he did not appoint an agent to act on behalf of him. If the wife acquitted him, is divorce effected?

A: If she acquitted him, he should not divorce her according to many jurists such as Abu Hanifah, Muhammad, Ahmed and others. If she acquitted him, there is no debt to be settled. The same thing applies when a man pays the debt on behalf of another as the lender obtained his money.

The Prophet (peace be upon him) said to a woman: “If there had been a debt on your mother (or father), would you have paid it? She replied: Yes. The Prophet said: Allah’s rights are better fulfilled.

Is it permissible for a man to re-marry his exwife whom he divorced thrice before consummating marriage with her?

Q: Is it permissible for a man to re-marry his virgin exwife -whom he divorced thrice before consummating marriage with her?

A: All praise be to Allah. Divorcing a woman thrice before or after consummating marriage makes her illegal for the husband until she married another who, in turn, divorced her. This is the opinion held by the four juristic schools.

A woman is divorced thrice before consummating marriage and when she gets 201

the new wife hated the old one, she has the right to divorce her on his behalf. The term of this authorization letter is ten years. Later, he divorced the authorized woman. Is such authorization valid? Will it be invalid because the authorized woman is divorced?

A: All praise be to Allah. Some may think that this question is related to authorization depending on the fact that if a husband authorized his wife in a sale contract, for example, and later he thrice divorced her, such authorization is not valid as mentioned by jurists. The case here is different.

This authorization letter is invalid once he divorced her, because he did not intend to divorce his first wife. The man’s intention was to make the second wife have full freedom in divorcing the first. He means that if the second wife did not want another wife to live with her husband, she has the right to divorce her. Once the authorized woman is divorced, she has no right to use such authorization letter. The husband made such letter just to please his second wife and now she is thrice divorced. It is now meaningless.

As for stipulating certain conditions in the marriage contract such as not to make polygamy, some scholars believe that such conditions are valid. If the husband breached the condition and married another, the wife has the right to terminate the contract. This is a more expressive case than our case here in which he authorized the new wife to divorce the old one once she hated her. In both cases, the authorized woman has the right to act

according to the contract or letter when there is already another wife. According to Abu Hanifah and Shafi*1, such conditions are invalid.

The authorization letter is permissible according to the unanimous agreement of Muslim scholars and the authorizer has the right to terminate it. If one said to his wife: “You are free to divorce yourself”, this is a controversial point among scholars. According to Ahmed and Shafi*I, it is just an authorization and the husband has the right to terminate it before she uses it. On the other hand, according to Abu Hanifah and Malik, the man does not have the right to terminate it.

According to Ahmed, Malik and other scholars, if the man stipulates that if he married another wife, she would have the right to be divorced so long as she is his wife. Once he divorced her, she does not have any right to such stipulation. Allah knows best.

When a man’s authorized agent thrice divorces his (the man’s) wife, is it permissible for the husband to return to his wife?

Q: A quarrel occurred between a man and his wife. He was about to travel and he said to his agent: If she is content with this sum of money as her expenses, hand it over to her. If she is discontent, divorce her. After the

general permission to get out, it is permissible for her to get out. Allah knows best.

A man accused his wife of stealing a sum of money and said to her: If you did not bring this money, you are divorced. Is divorce effected?

Q: A man accused his wife of stealing a sum of money. She said: I swear by Allah that I have not stolen it. He said: If you did not bring this money, you are thrice divorced. What about the status of the wife?

A: If it turns out that she did not steal the money, she is not to be divorced according to the soundest opinion held by scholars. The husband means that she is divorced only if she had taken the money. Allah knows best.

When the husband says to his wife: “you are divorced if you give birth to a female baby”, and he revoked his threat. The woman gave birth to a female baby. Is divorce effected?

Q: While his wife is pregnant, the husband said to her: “you are divorced if you give birth to a female baby”. Before giving birth, he revoked his threat. Later the woman gave birth to a female baby. Is divorce effected?

A: If he divorced her irrevocably or he left her until her “Iddah (waiting period) comes to an end, there are two famous opinions held by scholars in this regard. Imam Shafi! also held two opinions in this regard; one of them is that divorce is effected, and this is the opinion of Ahmed as well. If he did not revoke his divorce and returned to her during the waiting period, the marriage contract is still valid. Divorce is effected if he left the matter pending (i.e. he still stipulates the condition mentioned in the question.)

During a quarrel with his wife, the husband said: if you say “divorce me”, I will do, but she kept silent. What is the legal ruling on this matter?

Q: A man quarreled with his wife and he was hurt. Accordingly, he said: if you say “divorce me”, you are thrice divorced, but she kept silent. Then she said to her mother: what does he say? Her mother told her his words. The wife said: Divorce me. Is divorced once or thrice effected?

An angry man swore an oath of thrice divorce that his pregnant wife should not enter her aunt’s house. After giving birth, she entered this house. Is divorce effected?

Q: An angry man swore an oath of thrice divorce that his pregnant wife should not enter her aunt’s house. After giving birth to a baby, she entered this house. The man once said to other people: If my wife entered her aunt’s house after giving birth, she is not to be blamed. Is divorce effected?

A: If the man intends that once his wife gave birth to a child, he is not to be blamed for his oath and that his wife is free to enter her aunt’s house, divorce is not effected. Yet his oath is still effective and if his wife entered her aunt’s house while she is pregnant, divorce is effected. Allah knows best.

Before his travel, a husband swore an oath of divorce that his wife should not get out of the house during his absence, but out of necessity, she went out. Is divorce effected? 212

Q: Before his travel, a husband said to his wife: If you get out of the house during my absence, you are divorced. After his arrival, she said to him: There was necessity and I was obliged to get out. Is divorce effected?

A: If she believes that such necessity is not included in his oath and that she does not act in disconformity with his oath when she gets out, divorce is not effected.

When a pregnant woman refuses to have intercourse with her husband and he swore an oath of divorce that he will not have intercourse with her after giving birth. What is the legal judgement if he had intercourse with her after giving birth?

Q: A pregnant woman refused to have intercourse with her husband who was hurt because of such refusal and swore an oath of divorce that he will not have intercourse with her after giving birth. Is divorce effected if he had intercourse with her after giving birth? Is the reason for such an oath taken into consideration?