What is the ruling on the continuation of the marriage of a man and woman who have been living separately for years, have children, and do not spend the night together, knowing that two previous divorces have occurred? And is one sinful for advising the dissolution of this marriage?
The spouses should not remain separated without divorce, as this leaves the wife in limbo. It is better to advise them to either live together amicably or separate kindly, in accordance with His, the Almighty's, saying: "Then [after divorce] either retain her [in marriage] with fairness or release her with kindness" and "Then retain them in a reasonable manner or release them in a reasonable manner." However, if there is an overriding benefit for them to remain in this state, then there is no harm in it. This separation does not affect the marital bond, and the marriage remains valid until divorce occurs. Advising the spouses to dissolve the bond is not considered "takhbib" (instigation/corruption); because "takhbib" is corruption, but it is better to strive for reconciliation between them. The prohibition of "takhbib" is mentioned in the Hadith: "He is not one of us who instigates a woman against her husband," and the meaning of "instigates" is to corrupt her by making the husband's animosity seem appealing to her.
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