Divorcing his wife without specifying the number
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Fatwa No. ( 321 )
Q: Following a misunderstanding between him and his wife, during which she held him in the street and told him, "Divorce me," he divorced her by saying to her, "You are divorced." He does not know how many times he said it, whether once or more. He also called upon two of his neighbors to witness his taking back his wife.
A: If the matter is as the questioner described, that he said to his wife, "You are divorced," and then he does not know whether he said this phrase once or more? If there is
no one whose testimony can establish the number of divorces, this divorce is considered one; because that is what is established by the divorcer's admission, and anything beyond that is doubtful and is not opposed by the original state, which is its absence. Accordingly, if this divorce was not the third of three divorces issued by him to his ex-wife, and it was not for compensation, and his taking back of his wife is confirmed while she is still in her waiting period, then his taking her back is valid. However, if he took her back after she had exited her waiting period, or if the divorce was for compensation, and it was not the third divorce issued by him to her, then he may marry her with a new contract and a new bridal gift with her consent. But if it was the third divorce issued by him to her, she is not lawful for him until she marries another husband, a marriage of desire, not a marriage for the purpose of making her lawful. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Following a misunderstanding between him and his wife, during which she held him in the street and told him, "Divorce me," he divorced her by saying to her, "You are divorced." He does not know how many times he said it, whether once or more. He also called upon two of his neighbors to witness his taking back his wife.
A: If the matter is as the questioner described, that he said to his wife, "You are divorced," and then he does not know whether he said this phrase once or more? If there is
no one whose testimony can establish the number of divorces, this divorce is considered one; because that is what is established by the divorcer's admission, and anything beyond that is doubtful and is not opposed by the original state, which is its absence. Accordingly, if this divorce was not the third of three divorces issued by him to his ex-wife, and it was not for compensation, and his taking back of his wife is confirmed while she is still in her waiting period, then his taking her back is valid. However, if he took her back after she had exited her waiting period, or if the divorce was for compensation, and it was not the third divorce issued by him to her, then he may marry her with a new contract and a new bridal gift with her consent. But if it was the third divorce issued by him to her, she is not lawful for him until she marries another husband, a marriage of desire, not a marriage for the purpose of making her lawful. 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.