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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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A man forbade his wife from hitting the girls, but she did so, so he divorced her three times while she was pregnant; are the three divorces counted as one?

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The questioner : Noble Shaykh, a man forbade his wife from hitting their daughter, but she did it. So he said to her in anger: "You are divorced, divorced, divorced," and she was pregnant. Some people issued a fatwa to him that the three divorces count as one, and some said: it is three, and another said to him: divorce does not take effect on a pregnant woman. What is your opinion?

The Shaykh : Yes, our statement is: We are in an age where many people speak without knowledge. Therefore, a person must not rely on any fatwa except from a known and trustworthy person. The one who said that a pregnant woman is not divorced is ignorant, ignorant with compounded ignorance. Compounded ignorance is worse than simple ignorance, because the one who is simply ignorant knows [his ignorance] and learns, but the one who is ignorant with compounded ignorance thinks he is the second Ibn Taymiyyah and that he is the most knowledgeable person of his time.
So the one who said that a pregnant woman is not divorced has contradicted the Qur'an, because Allah the Exalted said:
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ
[At-Talaq 65:1]
, then He said in the same surah:
And for those who are pregnant, their term is until they give birth وَأُولاتُ الْأَحْمَالِ أَجَلُهُنَّ أَنْ يَضَعْنَ حَمْلَهُنَّ
[At-Talaq 65:4]
. So, is the pregnant woman divorced or not divorced?
She is divorced by explicit text and scholarly consensus, and no one has contradicted this. Even if her husband had intercourse with her at night and divorced her during the day, there is no harm. The divorce is upon him without doubt. The man who divorced his wife, his wife is divorced even if she is pregnant. So we say to the brother:The questioner : His wife is divorced, except if he was in extreme anger where he could not control himself, then there is no divorce upon him, due to the saying of the Prophet (peace and blessings be upon him):
There is no divorce in a state of being overwhelmed. لا طلاق في إغلاق
Sunan ad-Daraqutni 16:86
, because extreme anger leads a person to say something he does not intend. If he was in mild anger where he could control himself, then he said: "You are divorced, divorced, divorced," the divorce is one, even according to the well-known position of the Hanbalis, because he did not repeat the sentence, but rather repeated a part of the sentence. What is the sentence?
"You are divorced," but he said: "divorced, divorced," so he only repeated the predicate. The Hanbali jurists said: She is divorced once, and he is not obligated to do more than one, except by intention. If he intended by his saying "divorced, divorced" that each one is a divorce, then it becomes three. This is what the jurists (may Allah have mercy on them) held. But the correct view is that she is not divorced except once in any case, even if he said: "You are divorced, you are divorced, you are divorced," it is one, or if he said: "You are divorced three times," it is one, due to the saying of Ibn Abbas (may Allah be pleased with him):
The three divorces in the time of the Prophet (peace and blessings be upon him), Abu Bakr, and two years of the caliphate of Umar were counted as one divorce. When that became widespread among the people, Umar (may Allah be pleased with him) said: I see that the people have become hasty in a matter where they used to be deliberate. If we were to enforce it upon them, so he enforced it upon them. كان الطلاق الثلاث في عهد النبي صلى الله عليه وسلم وأبي بكر وسنتين من خلافة عمر طلاق الثلاث واحدة، فلما كثر ذلك في الناس قال عمر رضي الله عنه: أرى الناس قد تتعايوا في أمر كانت لهم فيه أناة فلو أمضيناه عليهم فأمضاه عليهم
. So the stronger opinion, tell this questioner:The questioner : The stronger opinion in this issue is that his wife is not divorced by this except once only. And if he had not previously divorced her twice, he may take her back. He should witness two [men] that he has taken back his wife and she is in his custody. Yes, after that.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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