He said to her, “You are divorced, the Shakalin, twice, and the third is with your father.”
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Fatwa No. ( 772 )
Q: A dispute arose between me and my wife, and I got angry and said to her: “You are divorced, the Shakalin” twice. The third time, I said: “Your knowledge is with your father.” As for the first time, my intention was divorce. When I saw her being lenient with the words, I said to her a second time: “You are divorced, the Shakalin,” and my intention was a second divorce.
out of anger, and: “Your knowledge is with your father,” and my intention was to anger her, and I did not intend divorce. The divorce took place on 10/12/1393 AH, and I took her back on 3/1/1394 AH, and I had (G. A.) and (J. H.) witness the taking back. I had previously taken her back in my heart at that time, and one of my companions advised me to have witnesses to my taking her back, and I had him witness that I had taken back my wife. The conversation was on the night of the Festival of Sacrifice, that is, two months before the date of submitting the question. Her father asked me about this the day after the divorce, and I said: I did not divorce her. People from the community asked me: Did you divorce your wife? I said: Yes, with this wording, but I did not intend anything other than the first divorce. Please issue a ruling for me.
A: If the matter is as you described, that you said to her: “You are divorced, the Shakalin” one time after another, and you said to her: “Your knowledge is with your father,” and that you intended a divorce with the first, and another divorce with the second, and did not intend divorce with your third statement—then what occurred from you is considered two divorces. Then, if you did not divorce her other than these two, and it was not for a compensation, your taking her back is valid, if she is within the waiting period. If you divorced her other than the two divorces, she is not lawful for you until she marries another husband in a valid marriage. And if the two divorces were for a compensation, she is not lawful for you except 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: A dispute arose between me and my wife, and I got angry and said to her: “You are divorced, the Shakalin” twice. The third time, I said: “Your knowledge is with your father.” As for the first time, my intention was divorce. When I saw her being lenient with the words, I said to her a second time: “You are divorced, the Shakalin,” and my intention was a second divorce.
out of anger, and: “Your knowledge is with your father,” and my intention was to anger her, and I did not intend divorce. The divorce took place on 10/12/1393 AH, and I took her back on 3/1/1394 AH, and I had (G. A.) and (J. H.) witness the taking back. I had previously taken her back in my heart at that time, and one of my companions advised me to have witnesses to my taking her back, and I had him witness that I had taken back my wife. The conversation was on the night of the Festival of Sacrifice, that is, two months before the date of submitting the question. Her father asked me about this the day after the divorce, and I said: I did not divorce her. People from the community asked me: Did you divorce your wife? I said: Yes, with this wording, but I did not intend anything other than the first divorce. Please issue a ruling for me.
A: If the matter is as you described, that you said to her: “You are divorced, the Shakalin” one time after another, and you said to her: “Your knowledge is with your father,” and that you intended a divorce with the first, and another divorce with the second, and did not intend divorce with your third statement—then what occurred from you is considered two divorces. Then, if you did not divorce her other than these two, and it was not for a compensation, your taking her back is valid, if she is within the waiting period. If you divorced her other than the two divorces, she is not lawful for you until she marries another husband in a valid marriage. And if the two divorces were for a compensation, she is not lawful for you except 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.
