Is khul' counted as one of the three divorces?
Machine translationRead the Arabic original
Question:
Another questioner asks about khul': Is it counted as one of the three divorces? And is it required that it be done without the wording of divorce and without the intention of divorce?
Answer:
Yes, this is the position in the school of thought that this is not among the words of divorce; rather, it is a dissolution (faskh) that does not reduce the number of divorces. This is narrated from Ibn 'Abbas (may Allah be pleased with him), who argued based on the saying of Allah the Exalted: "Divorce is twice.[Al-Baqarah 2:229], until He, the Exalted, said: [Al-Baqarah 2:230], meaning the third time. [Al-Baqarah 2:230] Khul' and open sinfulness (fisq) were not considered; it was not counted as part of the number of divorces that completes the three. Yes.
The presenter:
May Allah reward you,
Another questioner asks about khul': Is it counted as one of the three divorces? And is it required that it be done without the wording of divorce and without the intention of divorce?
Answer:
Yes, this is the position in the school of thought that this is not among the words of divorce; rather, it is a dissolution (faskh) that does not reduce the number of divorces. This is narrated from Ibn 'Abbas (may Allah be pleased with him), who argued based on the saying of Allah the Exalted: "Divorce is twice.
either keep [her] in an acceptable manner or release [her] with good treatment
فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍAnd if he has divorced her
فَإِن طَلَّقَهَاshe is not lawful to him afterward until [after] she marries a husband other than him
فَلَا تَحِلُّ لَهُ مِن بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُThe presenter:
May Allah reward you,
Source
نور على الدرب - الفوزان - 02/253 — archive.org (11:16)
The Arabic text is a machine transcription of the audio recording.