Divorcing his two wives with a single phrase
Machine translationRead the Arabic original
Fatwa number ( 464 )
Q: He said to his two wives: “You are all divorced, and I am divorcing you.” He did this to take revenge on them for not preparing dinner for his guests, even though he had previously tasked his two wives with doing so. Is this considered a divorce from both wives or not?
A: The principle is that a sane person knows what he has said and that he intended it. What indicates your awareness of your divorce of your two wives and your intention behind it is what you mentioned in your question, namely that you intended to take revenge. Therefore, what you said is considered one pronouncement of divorce for each of the two wives. Since you mentioned that you had not previously divorced them, you may take back either or both of the wives, according to your wish, as long as they are still in the waiting period. You must bear witness to the taking back with two just witnesses. If you delay the taking back until they have exited the waiting period, you may return to them or to whichever of them you wish through a new contract and a new bridal gift, with mutual consent. If one of them exits the waiting period while the other does not,
each has her own ruling. So take back the one who has not exited her waiting period, and contract a new marriage with the one who has exited her waiting period. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: He said to his two wives: “You are all divorced, and I am divorcing you.” He did this to take revenge on them for not preparing dinner for his guests, even though he had previously tasked his two wives with doing so. Is this considered a divorce from both wives or not?
A: The principle is that a sane person knows what he has said and that he intended it. What indicates your awareness of your divorce of your two wives and your intention behind it is what you mentioned in your question, namely that you intended to take revenge. Therefore, what you said is considered one pronouncement of divorce for each of the two wives. Since you mentioned that you had not previously divorced them, you may take back either or both of the wives, according to your wish, as long as they are still in the waiting period. You must bear witness to the taking back with two just witnesses. If you delay the taking back until they have exited the waiting period, you may return to them or to whichever of them you wish through a new contract and a new bridal gift, with mutual consent. If one of them exits the waiting period while the other does not,
each has her own ruling. So take back the one who has not exited her waiting period, and contract a new marriage with the one who has exited her waiting period. 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.
