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Fatwa CenterDenies he divorced by giving divorce certificate
Question
I submitted a question on this site and got a response. The question number was 272757.
So much for answering my question. May Allaah reward you. I am still a bit unclear. You mentioned that you were not sure what I meant by "taking divorce papers." However, I don't have not mentioned "taking divorce papers" anywhere in my question. What I mean is that I got the papers prepared only to get legal requirements satisfied for second marriage. I never gave those divorce papers to my first wife. I didn't even mention it verbally to her (not even once) that I am divorcing her or that I intend to divorce her. My intent was only to get legal paperwork to get married again. In this case, do you think the divorce took place with my first wife? If not can she come to live with me as my wife and if so do we have to do the Nikaah again with witnesses. Is there any contact number where I can call and discuss the situation if needed?
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. We ask Allaah to exalt his mention as well as that of his family and all his companions.
As for your saying that you did not mention "taking divorce paper" in your previous question is not correct. You said: "I went there and got a divorce certificate from the registrar." We still have the copy of your question and we have published it exactly on our site.
However, Allaah alone knows what you intended, so if you had not pronounced the words of divorce and had not intended the divorce by writing the divorce then the woman is still your wife so you may live with her. Merely, getting divorce papers does not affect the marriage.
Allaah Knows best.
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