A man apostated then repented does his wife remain with him with the old contract or is a new one required
Question:
A man apostated by cursing the religion, then he repented, does his wife return to him by this repentance or by a new contract?
Answer:
Yes, cursing Allaah and cursing His Messenger ﷺ and cursing His true religion is apostasy,
قُلْ أَبِٱللَّهِ وَءَايَٰتِهِۦ وَرَسُولِهِۦ كُنتُمْ تَسْتَهْزِءُونَ لَا تَعْتَذِرُوا۟ قَدْ كَفَرْتُم بَعْدَ إِيمَٰنِكُمْۚ إِن نَّعْفُ عَن طَآئِفَةٍ مِّنكُمْ نُعَذِّبْ طَآئِفَةًۢ بِأَنَّهُمْ كَانُوا۟ مُجْرِمِينَ
“Say: “Was it at Allah, and His Ayat (proofs, evidences, verses, lessons, signs, revelations, etc.) and His Messenger that you were mocking?” Make no excuse; you have disbelieved after you had believed. If We pardon some of you, We will punish others amongst you because they were Mujrimun (disbelievers, polytheists, sinners, criminals, etc.).” [At-Taubah:65]
So the one who curses Allah is an apostate from the religion of Allah, and if he repents Allah accepts his repentance,
(قُل لِّلَّذِينَ كَفَرُوٓا۟ إِن يَنتَهُوا۟ يُغْفَرْ لَهُم مَّا قَدْ سَلَفَ وَإِن يَعُودُوا۟ فَقَدْ مَضَتْ سُنَّتُ ٱلْأَوَّلِينَ)
“Say to those who have disbelieved, if they cease (from disbelief) their past will be forgiven. But if they return (thereto), then the examples of those (punished) before them have already preceded (as a warning).” [Al-Anfaal: 38]
i.e. the Sunnah of Allah will pass concerning those who Allah destroyed before due to them being persistent upon Kufr, and Allah punished them.
There remains what is related to his wife, does she return to him with a new contract, or if he repents she still remains in his threshold by the first contract?
This is what is apparent, that she doesn’t exit from him if he apostates except if she herself chooses separation or annulled it with the judge and she marries or what is the likes of this, and upon him is the verse;
(لَا هُنَّ حِلٌّ لَّهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّ)
“They are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them.” [Al-Mumtahanah:10]
For verily the woman whom this verse was revealed concerning, they left for migration and didn’t want to remain, so Allah wanted for the woman not to be returned with her wanting to separate from their husbands who didn’t accept Islam, whether they apostated from the religion of Allah or remained upon his Kufr and she accepted Islam.
As for if she wanted to remain with him upon that condition or she accepted Islam before she married, she is under his threshold, and by the first contract as Zainab remained with Abil-Aasim bin Rabee’ for a period of time, for indeed she accepted Islam from the time the Prophet ﷺ was sent and his Islam was delayed until around the time of Khaybar, and the Prophet ﷺ didn’t separate between them.
And likewise Umm Fadhl accepted Islam and Abbaas remained and didn’t accept Islam, his Islam was delayed, and it’s not known that the Prophet ﷺ separated between them or returned her to him with a new contract or similar to this, because she remained with him and she didn’t want to separate and she didn’t annul it, so if he reached her before she annulled or remarried then she is under his threshold, and if she annulled it or didn’t want to be with him as the Muhaajiraat didn’t want to remain with their husband’s then she annuls and marries and it will be;
(لَا هُنَّ حِلٌّ لَّهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّ)
“They are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them.” [Al-Mumtahanah:10]
i.e. if a annulment happens or if it occurs that she doesn’t want him or to remain with him after she accepts Islam and he is a Kaafir or he apostates while she is a Muslim.
Answered by: Shaykh, the Allamah, the Trustworthy Advisor, Abu Abdirrahman Yahya bin Ali Al-Hajuri – may Allah preserve him
Source: https://t.me/sh_yahia_duroos/9484
Translated by: Abū ‘Abdillāh ‘Omar bin Yahya Al-‘Akawi