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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on Pronouncing Divorce Three Times in a Single Utterance

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The questioner:
Honorable Shaykh, a man asks: A man divorced his wife three times in a single utterance, wrote it on a paper, sent it to the wife, and bore witness to it. After a short time, he regretted it and took her back. Is she lawful for him, or what? Knowing that the wife has three children, and that the divorce occurred in a state of anger. Please issue a ruling, may Allah reward you with good, may Allah reward you with good.

The Shaykh:
And if he says, "So-and-so is divorced in the three," or "divorced in the three," or "the divorce is upon him in the three," there is disagreement among the scholars. Most of the scholars in the era of 'Umar and after him say that it is carried out and executed, and she is not lawful for him except after another husband. This is what most of the scholars said. And some of the scholars, which is the opinion of the scholars in the era of al-Ṣiddiq (may Allah be pleased with him), or in the early part of 'Umar's caliphate, hold that three in a single utterance are considered one. It was said to be one revocable divorce, and this is what I have issued a ruling on, that it is one revocable divorce. This was also issued by scholars from the era of Ibn 'Abbas and after him. It is established from Ibn 'Abbas in a narration from him, and I doubt it, and I doubt it in the opinion of the majority. It is established from a group of his Companions in the studio that it is one, and likewise Abu al-'Abbas Ibn Taymiyyah (may Allah have mercy on him), and Ibn Taymiyyah Ibn 'Azar.

The presenter:
I do not know of anyone else except Allah.

The Shaykh:
This is the opinion of those who return to the people of evidence.

The presenter:
Except if the judge rules to carry it out. The ruling removes the disagreement. If the husband has had the court rule that this divorce is carried out, and that she has become separated, the ruling removes the disagreement, and she becomes irrevocably divorced. Except if the judge retracts his ruling and decides to make it one, or points to something else in that regard, then there is no harm. And from

The Shaykh:
It is correct that it is one, but if one of the legal judges rules to multiply the utterances, acting on the opinion of the majority, and that she is not lawful except after another husband, this is an opinion that has a basis. The scholars have mentioned that the judge's ruling removes the disagreement, and it can be annulled if he sees that the legal evidence necessitates it, or if he permits another judge or interpreter to annul it if he sees, because the evidence

The presenter:
The answer to this issue is yes.

The Shaykh:
The state that is not correct. Or also in the detail of the type of anger. Anger is of three types. The type of anger does not prevent the divorce, and a severe matter changes a person's state and intention, and he is not able with it to.
The legal one, rather it blinds his intention, and blinds his path, due to the length of the dispute, the severity of the dispute, and the competition, for example, between them, or the quarrels and problems between them. This is if the anger becomes severe, the divorce does not take place according to the correct opinion. And the third state is that the mistake causes him to be unaware, and that he is like the other insane and deranged, and the mistake has taken him and raised him in the rewards of reason, so he does not understand what he says. This divorce does not take place according to all the scholars, and he is included in this state with the deranged and the insane, so his divorce does not take place if the mistake has raised him in this state.

The presenter:
And.
Source قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، حكم الطلاق ثلاثاً بلفظ واحد 0 - بن باز - مشروع كبار العلماء — youtube.com

The Arabic text is a machine transcription of the audio recording.

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