Defining the Scope of the Dispute Regarding the Triple Divorce
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The questioner : Your Eminence, if a person inherits money from someone and knows that a portion of this money, for example, three thousand or twenty thousand, is explicit, forbidden riba (usury or interest)
The Shaykh : Yes
The questioner : and the rest is unknown or mixed, what does he do with the explicit, forbidden riba?
The Shaykh : There is no harm in it; it is lawful for him because he acquired it through a permissible means, which is inheritance. However, if you know that this is so-and-so’s property and that the deceased usurped it, then it is not lawful for you. But if it was forbidden due to how it was earned, such as being taken through riba (usury or interest) or the like, then there is no harm in it.
The questioner : For example, a bank or an individual says, "I have a sum for so-and-so, the deceased, for example, ten thousand or twenty thousand, and he was dealing with me in this money through riba (usury or interest). What does he do?"
The Shaykh : The heir says, "Give it to me," ... it is lawful for him
The questioner : May Allah reward you with good.
The Shaykh : Right, guests only.
The Shaykh : Yes.
The questioner : Shaykh, may Allah forgive you, defining the scope of the dispute in the issue of the triple divorce in one word: is the intended meaning that he says, "You are divorced three times," or that he says, "You are divorced, divorced, divorced"?
The Shaykh : This issue cannot be ruled on in this manner. If a specific case falls upon you, then seek a ruling.
The questioner : The question, O Shaykh, is from the perspective of education; I want to learn.
The Shaykh : No, because those with you now are students of knowledge and common people—allow me to say it this way—not all of them are students of knowledge. And these precise issues are not ruled on publicly. In fact, some scholars used to rule on them in secret, even al-Majd Ibn Taymiyyah (may Allah have mercy on him), the grandfather of the Shaykh al-Islam, used to rule that the three are one, but in secret. So these great issues are not opened up in this way.
The questioner : But O Shaykh, may Allah forgive you
The Shaykh : Do you not know that now, when the door was opened to the view that divorce may occur in the position of an oath, the scholars no longer care; everyone says, "If you go to so-and-so, you are divorced," even though it is a trivial matter. Even though the four Imams and the majority of the Ummah are of the opinion that this is a divorce, even if he intended an oath. Now, people have become bold. I almost say that I rule that the triple divorce has occurred because I see people becoming lax in it. And 'Umar ibn al-Khattab (may Allah be pleased with him) did not implement it except when it became widespread among people. So these issues are not opened up in this way. If you have a discussion, between you and me, if Allah wills, in the afternoon, on the way.
The questioner : Okay, a second question, O Shaykh?
The Shaykh : No, one question.
The Shaykh : Yes
The questioner : and the rest is unknown or mixed, what does he do with the explicit, forbidden riba?
The Shaykh : There is no harm in it; it is lawful for him because he acquired it through a permissible means, which is inheritance. However, if you know that this is so-and-so’s property and that the deceased usurped it, then it is not lawful for you. But if it was forbidden due to how it was earned, such as being taken through riba (usury or interest) or the like, then there is no harm in it.
The questioner : For example, a bank or an individual says, "I have a sum for so-and-so, the deceased, for example, ten thousand or twenty thousand, and he was dealing with me in this money through riba (usury or interest). What does he do?"
The Shaykh : The heir says, "Give it to me," ... it is lawful for him
The questioner : May Allah reward you with good.
The Shaykh : Right, guests only.
The Shaykh : Yes.
The questioner : Shaykh, may Allah forgive you, defining the scope of the dispute in the issue of the triple divorce in one word: is the intended meaning that he says, "You are divorced three times," or that he says, "You are divorced, divorced, divorced"?
The Shaykh : This issue cannot be ruled on in this manner. If a specific case falls upon you, then seek a ruling.
The questioner : The question, O Shaykh, is from the perspective of education; I want to learn.
The Shaykh : No, because those with you now are students of knowledge and common people—allow me to say it this way—not all of them are students of knowledge. And these precise issues are not ruled on publicly. In fact, some scholars used to rule on them in secret, even al-Majd Ibn Taymiyyah (may Allah have mercy on him), the grandfather of the Shaykh al-Islam, used to rule that the three are one, but in secret. So these great issues are not opened up in this way.
The questioner : But O Shaykh, may Allah forgive you
The Shaykh : Do you not know that now, when the door was opened to the view that divorce may occur in the position of an oath, the scholars no longer care; everyone says, "If you go to so-and-so, you are divorced," even though it is a trivial matter. Even though the four Imams and the majority of the Ummah are of the opinion that this is a divorce, even if he intended an oath. Now, people have become bold. I almost say that I rule that the triple divorce has occurred because I see people becoming lax in it. And 'Umar ibn al-Khattab (may Allah be pleased with him) did not implement it except when it became widespread among people. So these issues are not opened up in this way. If you have a discussion, between you and me, if Allah wills, in the afternoon, on the way.
The questioner : Okay, a second question, O Shaykh?
The Shaykh : No, one question.