The Ruling on Pronouncing Three Divorces by the Judge
Machine translationRead the Arabic original
The Ruling on Pronouncing Three Divorces by the Judge
Honorable Shaykh! I married a woman who was my second wife about four years ago. Before the marriage, as is the custom and tradition among us, they did not allow me to see her. On the morning after the wedding night, I noticed that the girl was not normal, and I knew nothing of her habits.So her mother said: The girl was not normal in her mind or otherwise, and she remained in this state for about a year while I was treating her. I took her to hospitals and to shaykhs who recited over her, but her condition did not improve, O Shaykh! So I sent her back to her family, and after about a year, I sent the divorce papers.I went to the judge and said: O Shaykh! I want to divorce my wife because she is sick and I derive no benefit from her.
So the judge said: One divorce?So I said to him: Three divorces. And when I divorced her, news came to me from her family that the girl has now become normal.Meaning: There is nothing wrong with her anymore! Is it permissible to take back this woman or not?
First: May Allah reward you. The question to the judge: Is it three or one? This is a great error, and a mistake and lack of insight on his part.Why does he ask: Is it one or three? It is obligatory to write the divorce, "So-and-so divorced his wife So-and-so," and remain silent; because some of those who pronounce three divorces and come with silence say: We pronounced three because the judge forced us.And he said: He pronounced three, and the common people do not know, and perhaps he comes in a state of intense anger.And he says to him: Did you pronounce one or three?So he says: Three. So this is advice I direct to the judges to fear Allah (Mighty and Majestic) and not to ask the person: Three or one? As if they are giving him a choice between the forbidden and the permissible, because the triple divorce is forbidden. So it is obligatory to write the divorce, "So-and-so divorced his wife So-and-so," and be content and remain silent.He says: As for the specific answer, he, the wife, and her guardian must be present so that we can issue a ruling to them regarding what we see in this matter.
The questioner: Do you mean tell her father to come to your honor?The Shaykh: The girl and her guardian must come.
Honorable Shaykh! I married a woman who was my second wife about four years ago. Before the marriage, as is the custom and tradition among us, they did not allow me to see her. On the morning after the wedding night, I noticed that the girl was not normal, and I knew nothing of her habits.So her mother said: The girl was not normal in her mind or otherwise, and she remained in this state for about a year while I was treating her. I took her to hospitals and to shaykhs who recited over her, but her condition did not improve, O Shaykh! So I sent her back to her family, and after about a year, I sent the divorce papers.I went to the judge and said: O Shaykh! I want to divorce my wife because she is sick and I derive no benefit from her.
So the judge said: One divorce?So I said to him: Three divorces. And when I divorced her, news came to me from her family that the girl has now become normal.Meaning: There is nothing wrong with her anymore! Is it permissible to take back this woman or not?
First: May Allah reward you. The question to the judge: Is it three or one? This is a great error, and a mistake and lack of insight on his part.Why does he ask: Is it one or three? It is obligatory to write the divorce, "So-and-so divorced his wife So-and-so," and remain silent; because some of those who pronounce three divorces and come with silence say: We pronounced three because the judge forced us.And he said: He pronounced three, and the common people do not know, and perhaps he comes in a state of intense anger.And he says to him: Did you pronounce one or three?So he says: Three. So this is advice I direct to the judges to fear Allah (Mighty and Majestic) and not to ask the person: Three or one? As if they are giving him a choice between the forbidden and the permissible, because the triple divorce is forbidden. So it is obligatory to write the divorce, "So-and-so divorced his wife So-and-so," and be content and remain silent.He says: As for the specific answer, he, the wife, and her guardian must be present so that we can issue a ruling to them regarding what we see in this matter.
The questioner: Do you mean tell her father to come to your honor?The Shaykh: The girl and her guardian must come.