Explanation of the ruling on divorce when the woman is in her waiting period.

The questioner : Well, my Shaykh, now something new has arisen in this matter.

The Shaykh: Go ahead.

The questioner : The issue of divorce, the Shari'ah image is that one waits after the first pronouncement for the waiting period, which is three months, then the second pronouncement for a waiting period of three months, then the third pronouncement for a waiting period of three months. If he does not take her back during this period, she becomes divorced. Since he has had intercourse with her, she does not become lawful for him until she marries another husband.

The Shaykh : That is correct.

The questioner : As for what is customary among people, "You are divorced three times," or "You are divorced, divorced," all of these are counted as one pronouncement.

The Shaykh : This is an innovated divorce.

The questioner: Yes.

The Shaykh : In "Sahih Muslim," from the hadith of Ibn 'Abbas (may Allah be pleased with him), he said: "The divorce of three [pronouncements] in the time of the Prophet (peace and blessings be upon him), and in the time of Abu Bakr, and for a portion of the caliphate of 'Umar, was one pronouncement. Then it occurred to 'Umar to do something, and he said: 'If we make it three, let it be carried out as three.' So he carried it out as three." Therefore, divorce in its original form, if one divorces with a single phrase, or with multiple phrases but within one waiting period, it is one pronouncement. That is, there is a formal difference but not a real one. A man says to his wife: "You are divorced three times"; this is one pronouncement. He says to her now: "You are divorced," and after a day or two: "You are divorced," and likewise after days: "You are divorced"; these three pronouncements are not with a single phrase, but they are at one time, the time of the single waiting period. Because the noble verse says: ; meaning: in each of the two instances of divorce, one of two things: either retaining her with kindness or releasing her with kindness. So in each of the two pronouncements, he may retain her for the waiting period. If he takes her back before the completion of her waiting period, he has the right to do so. Otherwise, if her waiting period expires, she becomes free; meaning: he does not have the authority to return her to his marriage bond against her will. This is unlike if he takes her back during the waiting period; then he returns her to his marriage bond against her will. So every pronouncement requires a waiting period, otherwise the Qur'anic verse is nullified first, and the Prophetic hadiths.
The Shaykh : Then the apparent wisdom of making a waiting period for every divorce is that the person should think and review himself, perhaps he was wrong, perhaps he was hasty in his rush to divorce his wife. If divorce were as many people imagine: "I am going, you are divorced three times," it would block the path for him to take her back until she marries another husband. And so—Glory be to Allah!—the people did not innovate a bid'ah (religious innovation) without a problem opening up before them that they would address with another bid'ah. When most people did not adhere to the Sunnah divorce, he divorces her three times, and unfortunately, it is counted against him as three pronouncements. So he regrets it. What does he do? He goes looking here and there... a fatwa that he should arrange a "muhallil" (a man to marry her to make her lawful again)! And this is the one whose doer the Messenger of Allah (peace and blessings be upon him) cursed, saying: . So he was not satisfied with the Shari'ah of Allah in being deliberate and careful in divorce, so he carried it out as three, and it was carried out against him as three. Then he regretted it. How can he get her back when he has divorced her three times according to what they issued as a fatwa? So he commits another violation, which is to arrange a "muhallil" for her. This is the Shari'ah divorce.