Is it permissible to take back one's wife after divorcing her with the words: "You are divorced and unlawful to me until you marry another man," due to family problems and the desire to make the husband leave the house?
It has been previously stated in fatwas that actions are judged by intentions, and the husband's saying to his wife: "You are unlawful to me until you marry another man" is an indication of his intention for a major irreversible divorce (baynunah kubra). It is as if he has divorced her with an irreversible divorce, after which she is not lawful to him until she marries another husband, consummates the marriage with him, and then he separates from her.
Al-Dardir mentioned in his commentary on Sheikh Khalil's Mukhtasar that the pronouncement of divorce necessitates a single divorce unless the husband intends more, in which case he is bound by what he intended. The author of Nihayat al-Muhtaj ila Sharh al-Minhaj mentioned that whoever divorces his wife with an explicit or implicit statement and intends a specific number, that number occurs. He cited as evidence the hadith of Rukanah, who divorced his wife with a final divorce (al-battah) and then said: "I only intended one," so the Prophet, peace and blessings be upon him, made him swear by that and returned her to him. This indicates that if he had intended more than that, it would have occurred.
It is advisable to refer to the Sharia courts in your country to resolve the dispute that has arisen among scholars regarding discretionary divorce issues.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/63095