He divorced her and ordered her to leave, but she did not leave. He then said to her, "I told you that you are divorced." Then, when the officer arrived, he said to her a third time, "I have divorced you."
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Fatwa No. ( 926 )
Q: I was married to a woman named (S.M.A.) and I traveled abroad and married the daughter of my deceased wife's aunt. When I returned to the home of the aforementioned wife, I informed her and we reached an agreement. One day, I entered my home and found her with her mother and brother. A verbal altercation occurred between us, so I said to her, "Get out of the house." She refused, so I said to her, "You are divorced," and I left. After about three hours, I returned to the house and found her still there. I said to her, "I told you that you are divorced," intending one divorce, and asked why she had not left. She did not leave, so I went to the governorate and the police. An officer, the neighborhood head, and the building owner came with me. I told them, "I have divorced her and she has not left, and I want to remove her for fear that something with bad consequences will happen between us." About three years have passed since then, and now each of us desires to return to the other for the sake of the children, so please issue a ruling for us.
A: If the matter is as the questioner stated, first, that he divorced his wife with one divorce, and that when he found her not leaving his house, he said to her a second time, "I told you that you are divorced," and then said to her a third time when the officer arrived to remove her, "I have divorced her," then what occurred from him is considered one divorce; because
repeating the divorce in the manner described is considered informing about the first divorce. If this divorce was not the last of three divorces, he may return to her with a new contract and a new mahr with her consent. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I was married to a woman named (S.M.A.) and I traveled abroad and married the daughter of my deceased wife's aunt. When I returned to the home of the aforementioned wife, I informed her and we reached an agreement. One day, I entered my home and found her with her mother and brother. A verbal altercation occurred between us, so I said to her, "Get out of the house." She refused, so I said to her, "You are divorced," and I left. After about three hours, I returned to the house and found her still there. I said to her, "I told you that you are divorced," intending one divorce, and asked why she had not left. She did not leave, so I went to the governorate and the police. An officer, the neighborhood head, and the building owner came with me. I told them, "I have divorced her and she has not left, and I want to remove her for fear that something with bad consequences will happen between us." About three years have passed since then, and now each of us desires to return to the other for the sake of the children, so please issue a ruling for us.
A: If the matter is as the questioner stated, first, that he divorced his wife with one divorce, and that when he found her not leaving his house, he said to her a second time, "I told you that you are divorced," and then said to her a third time when the officer arrived to remove her, "I have divorced her," then what occurred from him is considered one divorce; because
repeating the divorce in the manner described is considered informing about the first divorce. If this divorce was not the last of three divorces, he may return to her with a new contract and a new mahr with her consent. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.