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Saturday, September 7, 2013

Fathwa, - A case of conditional divorce

Question
Salaam, I have divorced my wife 3 times and returned her back based
upon a scholars advice that I can invalidate on ofthe divorce since it
was out of anger. We encountered another issue and she wrote me an
email asking for divorce. I swore/vow thatupon a second request for
divorce in any form from her, I shall honor her request. She wrote me
another )second( request few weeks later, I did not see the email. I
engaged her in discussion on how to resolve our problems, during this
period she lamented we did not follow the right procedure in returning
her back as my wife hence she demanded we start all over again. I
responded that since I was advised by a scholar I will not start the
processover again as that will mean we have been having illegal sex.
In her response to me, she said if I insist I will not do another
marriage, she insist she should be divorced or will remain divorced.
On this occasion )day( I stumbledon her second email demanding for
divorce. As it turned out, she was acting with anger she later
realized. Can our marriage subsist or remain? Thank you in
anticipation. Abdallah
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad,
is His Slave and Messenger.
Taking an oath or vow todivorce your wife if she asks you to divorce
her does not lead to divorce once she asks you for divorce. Rather, it
is just apromise and you are not obliged to honor it.
Accordingly, if you have taken an oath by Allaah The Almighty,
confirming that promise, then you should expiate for breaking your
oath by feeding or clothing ten poor persons. If you cannot afford
that, you should fast for three days.
Finally, the bond of marriage still exists between you and your wife
as long as you sought a Fatwa from a trustworthy scholar and he told
you that the first taking back of your wife was valid.
Allaah Knows best.

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