He said to her: You are divorced, then divorced
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Fatwa No. ( 498 )
Q: I submit to you my question regarding the divorce of my wife (E. H.). It happened that I divorced her in the year 1353 AH with two divorces using the phrase: (You are divorced, then divorced). I took her back based on a fatwa from one of the judges. Then I divorced her in the year 1391 AH, such that I said to the imam of the mosque: Write a paper that (E.) I have divorced her, and the volunteer did not
write anything for me. After a month, I requested her return, saying: I do not want to ask about your divorce. Now I want to take her back. The question ends here. The Committee found a paper attached to the question paper, the text of which is: On Tuesday, corresponding to 4/5/1393 AH, I asked (E. D. R. K.) about his intention when he said to the volunteer Mahmas: Write that I have divorced my wife (E. H.). What does he intend by this? He said: My intention at that time was that I had divorced her with one divorce, and I ordered Mahmas to write it down. This divorce was preceded by two divorces, each one individually. This is what occurred, and I authorized those who would testify. Allah is the best of witnesses. At the bottom of this paper are the signatures of two witnesses, the signature of (E. D.), and the seal of the al-Bajadiyyah Court and the seal of the judge of the al-Bajadiyyah Court. And this text: (This decision was made by me at the court premises).
A: Since the questioner mentioned in his question that he said to his wife: (You are divorced, then divorced), and it is stated in the attached paper that he divorced her with two divorces, each one individually, there is no contradiction between the two statements, because his statement in the question: You are divorced, then divorced, are two divorces, each one individually, and there is no issue with them. And since he mentioned in the question that he said to the imam of the mosque: Write a paper that (E.) I have divorced her, and nothing was written, and the questioner explained this statement in
the attached paper, which is what he stated in response to the honorable judge of the al-Bajadiyyah Court, saying: My intention at that time was that I had divorced her with one divorce, and I ordered Mahmas to write it down. If the actual situation is so, and his taking her back was after the first two divorces while she was still in the waiting period, then the last divorce is considered to have occurred, based on his statement in the question: Write a paper that (E.) I have divorced her, and his statement in the attached explanatory paper: My intention was to divorce her and I ordered him to write the divorce. Based on this: this last divorce has occurred, and it is the third, so she is not lawful for him until she marries another husband. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I submit to you my question regarding the divorce of my wife (E. H.). It happened that I divorced her in the year 1353 AH with two divorces using the phrase: (You are divorced, then divorced). I took her back based on a fatwa from one of the judges. Then I divorced her in the year 1391 AH, such that I said to the imam of the mosque: Write a paper that (E.) I have divorced her, and the volunteer did not
write anything for me. After a month, I requested her return, saying: I do not want to ask about your divorce. Now I want to take her back. The question ends here. The Committee found a paper attached to the question paper, the text of which is: On Tuesday, corresponding to 4/5/1393 AH, I asked (E. D. R. K.) about his intention when he said to the volunteer Mahmas: Write that I have divorced my wife (E. H.). What does he intend by this? He said: My intention at that time was that I had divorced her with one divorce, and I ordered Mahmas to write it down. This divorce was preceded by two divorces, each one individually. This is what occurred, and I authorized those who would testify. Allah is the best of witnesses. At the bottom of this paper are the signatures of two witnesses, the signature of (E. D.), and the seal of the al-Bajadiyyah Court and the seal of the judge of the al-Bajadiyyah Court. And this text: (This decision was made by me at the court premises).
A: Since the questioner mentioned in his question that he said to his wife: (You are divorced, then divorced), and it is stated in the attached paper that he divorced her with two divorces, each one individually, there is no contradiction between the two statements, because his statement in the question: You are divorced, then divorced, are two divorces, each one individually, and there is no issue with them. And since he mentioned in the question that he said to the imam of the mosque: Write a paper that (E.) I have divorced her, and nothing was written, and the questioner explained this statement in
the attached paper, which is what he stated in response to the honorable judge of the al-Bajadiyyah Court, saying: My intention at that time was that I had divorced her with one divorce, and I ordered Mahmas to write it down. If the actual situation is so, and his taking her back was after the first two divorces while she was still in the waiting period, then the last divorce is considered to have occurred, based on his statement in the question: Write a paper that (E.) I have divorced her, and his statement in the attached explanatory paper: My intention was to divorce her and I ordered him to write the divorce. Based on this: this last divorce has occurred, and it is the third, so she is not lawful for him until she marries another husband. 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.