Repeating the Pronouncement of Divorce: When It Counts as One Divorce or Three
Machine translationRead the Arabic original
Question:
The first message of this episode. A message received by the program from the Sultanate of Oman, sent by the listener Khalid Sa'id Muhammad. Brother Khalid asks and says: A man said to his wife, so-and-so, daughter of so-and-so, "You are divorced." He repeated it three times. She is forbidden to him, and lawful to any husband he wants. This happened in one session, and a month and a half has passed since the divorce. Now he wants to take her back, and the woman wants to return to her husband. Is it possible for them to reconcile again?
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may peace and blessings be upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow them. As for divorce, if the husband repeats it intending thereby only to emphasize and not intending to repeat the divorce, then it is one divorce if he intended only to emphasize and did not use the word "then."
However, if he repeated the divorce intending to repeat it and wanting each divorce to be separate, then if three divorces are completed, it becomes a final divorce with a major separation. He has no right to take her back except after she marries another husband for the sake of desire and he divorces her out of desire for separation, not for the purpose of making her lawful for the first husband.
The result is that if he repeats the divorce without the word "then" or without a conjunction, intending to emphasize rather than to establish multiple divorces, then it is one divorce, because he wanted to silence her and only intended to emphasize. But if he repeats it with "then," saying "You are divorced, then divorced, then divorced," or saying "Divorced, rather divorced, rather divorced," or something similar, then this is a triple divorce, a final divorce with a major separation.
The first message of this episode. A message received by the program from the Sultanate of Oman, sent by the listener Khalid Sa'id Muhammad. Brother Khalid asks and says: A man said to his wife, so-and-so, daughter of so-and-so, "You are divorced." He repeated it three times. She is forbidden to him, and lawful to any husband he wants. This happened in one session, and a month and a half has passed since the divorce. Now he wants to take her back, and the woman wants to return to her husband. Is it possible for them to reconcile again?
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may peace and blessings be upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow them. As for divorce, if the husband repeats it intending thereby only to emphasize and not intending to repeat the divorce, then it is one divorce if he intended only to emphasize and did not use the word "then."
However, if he repeated the divorce intending to repeat it and wanting each divorce to be separate, then if three divorces are completed, it becomes a final divorce with a major separation. He has no right to take her back except after she marries another husband for the sake of desire and he divorces her out of desire for separation, not for the purpose of making her lawful for the first husband.
The result is that if he repeats the divorce without the word "then" or without a conjunction, intending to emphasize rather than to establish multiple divorces, then it is one divorce, because he wanted to silence her and only intended to emphasize. But if he repeats it with "then," saying "You are divorced, then divorced, then divorced," or saying "Divorced, rather divorced, rather divorced," or something similar, then this is a triple divorce, a final divorce with a major separation.
Source
قناة «العلامة الدكتور صالح الفوزان»، 4815- تكرار التلفظ بالطلاق متى يعتبر طلقة واحدة أو ثلاثاً - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
