The ruling on pronouncing three divorces in a single utterance
Machine translationRead the Arabic original
Question:
The questioner says: Honorable Shaykh, may Allah grant you success, is there a difference in pronouncing three divorces between saying “You are divorced three times,” or “You are divorced with the three,” or “You are divorced, then divorced, then divorced”?
Answer:
“You are divorced, then divorced, then divorced” presents no issue, because it is three by consensus, as it is linked by “then” or “and,” making it a repeated divorce. A repeated divorce is three by consensus. However, if he says “You are divorced three times” or “with the three,” this is a matter of disagreement. Three in a single word is a point of dispute among scholars. Some say it is three as pronounced, while others say it is one. The correct view is that it is three, treating it as a single phrase, like “divorced three times.” How can we say it is one and also say it is three?
This is one of the wonders, and this is what 'Umar ibn al-Khattab (may Allah be pleased with him) ruled, and those who came after him followed him in this. The correct view is that it is three. How can we say it is one or say it is three? Yes. Likewise, if he says “You are divorced and divorced and divorced,” linking them with “and.”
This is also three by consensus, because the linking implies distinct instances. But if he says “You are divorced divorced divorced” without any linking, this is a point of contention among scholars: is it an emphasis? Is it considered an emphasis or a foundation? If we say it is an emphasis of the single instance, then it is one. If we say it is a foundation, it is considered three. Yes.
The questioner says: Honorable Shaykh, may Allah grant you success, is there a difference in pronouncing three divorces between saying “You are divorced three times,” or “You are divorced with the three,” or “You are divorced, then divorced, then divorced”?
Answer:
“You are divorced, then divorced, then divorced” presents no issue, because it is three by consensus, as it is linked by “then” or “and,” making it a repeated divorce. A repeated divorce is three by consensus. However, if he says “You are divorced three times” or “with the three,” this is a matter of disagreement. Three in a single word is a point of dispute among scholars. Some say it is three as pronounced, while others say it is one. The correct view is that it is three, treating it as a single phrase, like “divorced three times.” How can we say it is one and also say it is three?
This is one of the wonders, and this is what 'Umar ibn al-Khattab (may Allah be pleased with him) ruled, and those who came after him followed him in this. The correct view is that it is three. How can we say it is one or say it is three? Yes. Likewise, if he says “You are divorced and divorced and divorced,” linking them with “and.”
This is also three by consensus, because the linking implies distinct instances. But if he says “You are divorced divorced divorced” without any linking, this is a point of contention among scholars: is it an emphasis? Is it considered an emphasis or a foundation? If we say it is an emphasis of the single instance, then it is one. If we say it is a foundation, it is considered three. Yes.
Source
ألفاظ الطلاق — alfawzan.live
The Arabic text is a machine transcription of the audio recording.
