Is khul' counted among the number of divorces?
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Question:
And my brother is asking permission of the brothers because he has persisted in his questions; it has been two months since he raised them and I have not answered them. Is khul' a divorce such that if a man divorces his wife via khul' and he had previously divorced her twice before the khul', is the khul' considered the third divorce? Or is it permissible for us to take her back if she agrees?
Answer:
This is a point of disagreement among the scholars, and its place is the courts. However, if he divorces her via khul' with the intention of divorce, it counts as a divorce. If he says, "I divorce you," or "I annul you," or something similar in the form of divorce, it becomes a divorce. The Prophet (peace and blessings be upon him) said to the one who sought khul', "Divorce her with one divorce." So if he takes the money and says, "You are divorced," or says, "I have divorced you," or "I have annulled you," with the intention of divorce, it becomes one divorce. But if there were two divorces before it, the three are completed. As for if he divorces her via khul' without the intention of divorce, saying, "I have divorced you," when he took the money, saying, "I have divorced you," or "I have annulled you," and did not mention divorce, saying, "I have divorced you," this is a point of disagreement. Some scholars count it as a divorce, and some scholars do not count it as a divorce. This is referred to the courts for those who have a case, so that the judge can look into the matter. Yes.
And my brother is asking permission of the brothers because he has persisted in his questions; it has been two months since he raised them and I have not answered them. Is khul' a divorce such that if a man divorces his wife via khul' and he had previously divorced her twice before the khul', is the khul' considered the third divorce? Or is it permissible for us to take her back if she agrees?
Answer:
This is a point of disagreement among the scholars, and its place is the courts. However, if he divorces her via khul' with the intention of divorce, it counts as a divorce. If he says, "I divorce you," or "I annul you," or something similar in the form of divorce, it becomes a divorce. The Prophet (peace and blessings be upon him) said to the one who sought khul', "Divorce her with one divorce." So if he takes the money and says, "You are divorced," or says, "I have divorced you," or "I have annulled you," with the intention of divorce, it becomes one divorce. But if there were two divorces before it, the three are completed. As for if he divorces her via khul' without the intention of divorce, saying, "I have divorced you," when he took the money, saying, "I have divorced you," or "I have annulled you," and did not mention divorce, saying, "I have divorced you," this is a point of disagreement. Some scholars count it as a divorce, and some scholars do not count it as a divorce. This is referred to the courts for those who have a case, so that the judge can look into the matter. Yes.
Source
قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، 185 هل يحتسب الخلع من عدد الطلقات؟ للإمام ابن باز — youtube.com
The Arabic text is a machine transcription of the audio recording.
