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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on inquiring from one who has divorced his wife three times about what might annul the divorce and what might not

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The questioner : Yes. It is not said that the divorce is in the form of. The reading says that people do not know that

The Shaykh : I told you that if there is a circumstance, there is no harm, provided you know that the majority of the scholars of the Ummah hold that the divorce takes effect, even during menstruation. And the issue of saying that the divorce does not take effect during menstruation has caused more problems now. Now, a man may have divorced his wife ten years ago, then divorced her five years ago, and then divorced her today. So the third divorce now makes her forbidden to him. What does he do? He goes back to the first divorce and says, “I divorced her the first time while she was menstruating, so it is void.” And the second time, he says, “I divorced her while I was with her, so the second divorce is void.” And what remains? One divorce remains, meaning he has the right to take her back. We say to this man: O man, when her waiting period ended after the first divorce, if a man had married her, would you file a lawsuit against him and say, “This is my wife”? What would I claim? Never would it have occurred to him. So he is committed to the divorce taking effect, which is the view of the majority of the Ummah. So I say that only if you know that this man is a sound, ignorant layman who does not know, perhaps the question has a point of view. Otherwise, asking about the existence of a barrier is not necessary. But asking about a description that changes the ruling is necessary. For example, if someone told you, “So-and-so died, leaving a daughter, a brother, and an uncle,” you must inquire, because the basis of the ruling cannot be determined unless you know who this brother is?
If it is said, “They took it,” and the uncle is a full brother, then the daughter gets half and the rest goes to the uncle. And if it is said, “A full brother,” then the daughter now gets half and the rest goes to the full brother, and the uncle is excluded. This requires detailed inquiry because the ruling changes with it. As for asking about the barrier, this is not a condition in a fatwa.
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [3740] حكم استفسار من طلق ثلاثًا عما قد يلغي الطلاق ولا يوقعه - تعليقات على الكافي لابن عثيمين — youtube.com

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

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