The ruling on the divorce of three?
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The questioner : In the name of Allah, and may prayers and peace be upon the noblest of the prophets and messengers.
Your Eminence, peace be upon you and Allah's mercy and blessings. We testify to Allah, Glorified and Exalted is He, regarding your love and the love of the brothers in Allah, Glorified and Exalted is He.
O esteemedThe Shaykh : I married a woman, naturally the second one, about four years ago. And before the marriage, naturally, the customs and traditions in our place do not allow you to see her, and so on.
The Shaykh : What?
The questioner : But.
The Shaykh : What?
The questioner : I say: In our customs in the tribe, they do not allow seeing the wife, O Shaykh.
The Shaykh : Yes.
The questioner : The girl you want to marry.
The Shaykh : Yes.
The questioner : On the morning of the day after the wedding night, the girl's mother noticed that the girl was not normal.
The Shaykh : Ah?
The questioner : The girl's mother noticed that her daughter was not normal; I did not know anything about her habits.
The Shaykh : Ah?
The questioner : I did not know anything about this girl's habits, so her mother said: The girl is not normal in her mind, and so on. She remained in this state for about a year with me. I treated her; I took her to hospitals and to shaykhs who recited over her, but her condition did not improve.
The Shaykh : Has not?
The questioner : Her condition did not improve, O Shaykh.
The Shaykh : Yes.
The questioner : I sent her back to her family, and after about a year, I sent the divorce paper. I went to the judge and said: O Shaykh, I want to divorce my wife; she is sick and I do not benefit from her. The judge said: One divorce? I said: No.
The Shaykh : What?
The questioner : The judge said: One divorce? I said to him: Three divorces. When I divorced her, news came to me from her family that the girl is now normal, meaning there is nothing wrong with her anymore, O Shaykh. Is it permissible to take back this woman, or is it not permissible?
The Shaykh : First: May Allah reward you. The judge's question: Is it three or one? That is a great error and a mistake, and a lack of insight on his part. Why does he ask: Is it one or three? It is obligatory to write the divorce: "He divorced his wife so-and-so," and be silent. Because some of those who divorce with three and come with silence say: We divorced with three because the judge forced us and said: Divorce with 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 divorce with one or three? He says: Three. So this is advice I direct to the judges to fear Allah, Mighty and Majestic, and not to ask the person, not to say: Three or one? It is as if they are giving him a choice between the forbidden and the permissible, because the divorce of three is forbidden. It is obligatory to write the divorce and say: "So-and-so divorced his wife so-and-so," and that is it, and be silent. As for the specific answer, he and the wife and her guardian must be present so that we can issue a fatwa to them regarding what we see in this matter.
The questioner : Meaning, inform her father, O Shaykh.
The Shaykh : Yes.
The questioner : Inform her father to come to your Eminence, O Shaykh?
The Shaykh : He and the husband and the girl. Okay, so the girl and her guardian must come after that.
Your Eminence, peace be upon you and Allah's mercy and blessings. We testify to Allah, Glorified and Exalted is He, regarding your love and the love of the brothers in Allah, Glorified and Exalted is He.
O esteemedThe Shaykh : I married a woman, naturally the second one, about four years ago. And before the marriage, naturally, the customs and traditions in our place do not allow you to see her, and so on.
The Shaykh : What?
The questioner : But.
The Shaykh : What?
The questioner : I say: In our customs in the tribe, they do not allow seeing the wife, O Shaykh.
The Shaykh : Yes.
The questioner : The girl you want to marry.
The Shaykh : Yes.
The questioner : On the morning of the day after the wedding night, the girl's mother noticed that the girl was not normal.
The Shaykh : Ah?
The questioner : The girl's mother noticed that her daughter was not normal; I did not know anything about her habits.
The Shaykh : Ah?
The questioner : I did not know anything about this girl's habits, so her mother said: The girl is not normal in her mind, and so on. She remained in this state for about a year with me. I treated her; I took her to hospitals and to shaykhs who recited over her, but her condition did not improve.
The Shaykh : Has not?
The questioner : Her condition did not improve, O Shaykh.
The Shaykh : Yes.
The questioner : I sent her back to her family, and after about a year, I sent the divorce paper. I went to the judge and said: O Shaykh, I want to divorce my wife; she is sick and I do not benefit from her. The judge said: One divorce? I said: No.
The Shaykh : What?
The questioner : The judge said: One divorce? I said to him: Three divorces. When I divorced her, news came to me from her family that the girl is now normal, meaning there is nothing wrong with her anymore, O Shaykh. Is it permissible to take back this woman, or is it not permissible?
The Shaykh : First: May Allah reward you. The judge's question: Is it three or one? That is a great error and a mistake, and a lack of insight on his part. Why does he ask: Is it one or three? It is obligatory to write the divorce: "He divorced his wife so-and-so," and be silent. Because some of those who divorce with three and come with silence say: We divorced with three because the judge forced us and said: Divorce with 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 divorce with one or three? He says: Three. So this is advice I direct to the judges to fear Allah, Mighty and Majestic, and not to ask the person, not to say: Three or one? It is as if they are giving him a choice between the forbidden and the permissible, because the divorce of three is forbidden. It is obligatory to write the divorce and say: "So-and-so divorced his wife so-and-so," and that is it, and be silent. As for the specific answer, he and the wife and her guardian must be present so that we can issue a fatwa to them regarding what we see in this matter.
The questioner : Meaning, inform her father, O Shaykh.
The Shaykh : Yes.
The questioner : Inform her father to come to your Eminence, O Shaykh?
The Shaykh : He and the husband and the girl. Okay, so the girl and her guardian must come after that.