The Meaning of Totality in the Statement "You Are Divorce"
Machine translationRead the Arabic original
The questioner:
The Honorable Shaykh, may Allah grant you success, asks regarding the statement of the author (may Allah have mercy on him): "If he says, 'You are divorce,' or 'You are divorced,' or 'Divorce is upon me,' then she is divorced three times." The question is: the phrase "You are divorced" does not contain totality, so how does it become three? May Allah grant you success?
The Shaykh:
And what is the answer? Read the phrase. Yes.
The questioner:
I say, Honorable Shaykh.
The Shaykh:
Read the phrase from the book.
The questioner:
The book.
The Shaykh:
He is looking at the book. "Divorce" here is total, with the definite article (alif and lam).
The questioner:
So if he says, "You are divorce," or "You are divorced," or "Upon me..."
The Shaykh:
Or "Divorce is upon me."
The questioner:
Or "It is binding upon me."
The Shaykh:
Or "Divorce is binding upon me." All of this is with the definite article (alif and lam).
The questioner:
It takes effect as three if he intended it, otherwise it is one.
The Shaykh:
It takes effect as three if he intended it, because the wording is suitable for totality. If he intended one, then one is also called divorce. Divorce is explained by one, and it is explained by this and that. So it returns to his intention. Yes.
The questioner:
I say, Honorable Shaykh.
The Shaykh:
He said, "Divorce is upon me." It is possible he intended the three, and it is possible he intended the one, because one is called divorce. So it returns to his intention. Yes.
The Honorable Shaykh, may Allah grant you success, asks regarding the statement of the author (may Allah have mercy on him): "If he says, 'You are divorce,' or 'You are divorced,' or 'Divorce is upon me,' then she is divorced three times." The question is: the phrase "You are divorced" does not contain totality, so how does it become three? May Allah grant you success?
The Shaykh:
And what is the answer? Read the phrase. Yes.
The questioner:
I say, Honorable Shaykh.
The Shaykh:
Read the phrase from the book.
The questioner:
The book.
The Shaykh:
He is looking at the book. "Divorce" here is total, with the definite article (alif and lam).
The questioner:
So if he says, "You are divorce," or "You are divorced," or "Upon me..."
The Shaykh:
Or "Divorce is upon me."
The questioner:
Or "It is binding upon me."
The Shaykh:
Or "Divorce is binding upon me." All of this is with the definite article (alif and lam).
The questioner:
It takes effect as three if he intended it, otherwise it is one.
The Shaykh:
It takes effect as three if he intended it, because the wording is suitable for totality. If he intended one, then one is also called divorce. Divorce is explained by one, and it is explained by this and that. So it returns to his intention. Yes.
The questioner:
I say, Honorable Shaykh.
The Shaykh:
He said, "Divorce is upon me." It is possible he intended the three, and it is possible he intended the one, because one is called divorce. So it returns to his intention. Yes.
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - ٠٧٥-كتاب الطلاق - ٣-٢-٢٥ هـ — archive.org (15:22)
The Arabic text is a machine transcription of the audio recording.
