A man divorced his wife while he was far from her using the words "talaq, talaq, talaq," and he does not know whether she was in a state of purity or menstruating..!
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The questioner:
A man divorced his wife with three divorces in one session using the words "talaq, talaq, talaq," and he was in a country other than the one where his wife, whom he divorced, was. So he sent her a recording tape to inform her of this, and he did not know whether she was in a state of purity or not. He had not had intercourse with her for a year, and he had never divorced that wife before. Does the divorce take effect in this case, or what is the ruling? May Allah reward you with good.
The Shaykh:
There is a distinction here, and it requires clarification. If he intended by repeating the divorce to repeat the number of divorces, then it is repeated, and the three divorces take effect. But if he intended to emphasize, "You are divorced, divorced, divorced," and did not use a conjunction like "and" or "then,"
The presenter:
Yes.
The Shaykh:
and when he repeated it without a conjunction, and he intended to emphasize and make it clear to the listener, then this is one divorce; because he intended one, and repeated the rest only to emphasize it, not to establish additional ones. The same applies to the woman's situation: whether she is in a state of purity or menstruating?
If she is in a state of purity, then the divorce takes effect by the consensus of the scholars. If she is in a state of purity in which he did not have intercourse with her, then the divorce takes effect, and the scholars agree on this. But if she is in a state of purity in which he had intercourse with her, or if she is menstruating, this is a matter of disagreement among the scholars. In any case, it is obligatory for the questioner to consult the muftis in his country.
The presenter:
All right.
The Shaykh:
Consult the muftis in his country so that they may clarify the details for him and guide him to the correct ruling, if Allah wills.
A man divorced his wife with three divorces in one session using the words "talaq, talaq, talaq," and he was in a country other than the one where his wife, whom he divorced, was. So he sent her a recording tape to inform her of this, and he did not know whether she was in a state of purity or not. He had not had intercourse with her for a year, and he had never divorced that wife before. Does the divorce take effect in this case, or what is the ruling? May Allah reward you with good.
The Shaykh:
There is a distinction here, and it requires clarification. If he intended by repeating the divorce to repeat the number of divorces, then it is repeated, and the three divorces take effect. But if he intended to emphasize, "You are divorced, divorced, divorced," and did not use a conjunction like "and" or "then,"
The presenter:
Yes.
The Shaykh:
and when he repeated it without a conjunction, and he intended to emphasize and make it clear to the listener, then this is one divorce; because he intended one, and repeated the rest only to emphasize it, not to establish additional ones. The same applies to the woman's situation: whether she is in a state of purity or menstruating?
If she is in a state of purity, then the divorce takes effect by the consensus of the scholars. If she is in a state of purity in which he did not have intercourse with her, then the divorce takes effect, and the scholars agree on this. But if she is in a state of purity in which he had intercourse with her, or if she is menstruating, this is a matter of disagreement among the scholars. In any case, it is obligatory for the questioner to consult the muftis in his country.
The presenter:
All right.
The Shaykh:
Consult the muftis in his country so that they may clarify the details for him and guide him to the correct ruling, if Allah wills.
Source
قناة «العلامة الدكتور صالح الفوزان»، رجل طلق زوجته وهو بعيد عنها بلفظ طالق طالق طالق، ولا يعرف إن كانت طاهرة أو حائض..! - صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
