Regarding her being divorced six times by three, she mentioned that he held onto her and said he would not divorce her until after five years or more?
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The questioner : Well, regarding her being divorced six times by three, she mentioned that he held onto her and said he would not divorce her until after five years or more.
The Shaykh : This divorce requires investigating the husband's condition. He may have been in a state of intense anger where he did not know what he was saying, or he may have had other conditions that prevented him from understanding what he was saying. Therefore, we cannot rule on this matter until we have the knowledge that enables us to judge it.
The questioner : Yes.
The Shaykh : However, if a man divorced [his wife] six times in a case other than this one, the well-known view among the scholars of knowledge is that his divorce is final by three divorces, and the rest are an excess.
The questioner : Yes.
The Shaykh : Some of the scholars say that there is no divorce except after a taking back, and that a divorce, no matter how often it is repeated without a taking back in between, is of no effect. The knowledge is based on the first divorce, for Allah the Exalted says:[At-Talaq 65:1] divorce them during their waiting period.
The questioner : Yes.
The Shaykh : And a divorce after a divorce is not a divorce for the waiting period, but it is a divorce during the waiting period. There is a difference between a divorce for the waiting period and a divorce during the waiting period. Then, the hadith of Ibn 'Abbas (may Allah be pleased with him and him) "The divorce in the time of the Prophet (peace and blessings be upon him) and Abu Bakr and two years of the caliphate of 'Umar was that three divorces were one" its generality implies that there is no difference between a divorce repeated in its entirety and a divorce that occurred with a single phrase described as three. That is, there is no difference between saying "You are divorced three times" or "You are divorced, you are divorced, you are divorced." For the apparent meaning of the hadith is that there is no difference between them, especially since the scholars of knowledge who say that the three divorces occur as a final divorce included among their answers to this hadith that this applies to one who has not had intercourse with her.
The questioner : Yes.
The Shaykh : They said that because she is separated by the first divorce, the second and third divorces occur in a state where she is not a wife, so they are not counted against the divorcer. This indicates that this ruling indicated by the hadith includes the case where the divorce is repeated in its entirety or with a single phrase described as three.
The questioner : Yes.
The Shaykh : Yes.
The Shaykh : This divorce requires investigating the husband's condition. He may have been in a state of intense anger where he did not know what he was saying, or he may have had other conditions that prevented him from understanding what he was saying. Therefore, we cannot rule on this matter until we have the knowledge that enables us to judge it.
The questioner : Yes.
The Shaykh : However, if a man divorced [his wife] six times in a case other than this one, the well-known view among the scholars of knowledge is that his divorce is final by three divorces, and the rest are an excess.
The questioner : Yes.
The Shaykh : Some of the scholars say that there is no divorce except after a taking back, and that a divorce, no matter how often it is repeated without a taking back in between, is of no effect. The knowledge is based on the first divorce, for Allah the Exalted says:
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period
يا أيها النبي إذا طلقتم النساء فطلقوهن لعدتهمThe questioner : Yes.
The Shaykh : And a divorce after a divorce is not a divorce for the waiting period, but it is a divorce during the waiting period. There is a difference between a divorce for the waiting period and a divorce during the waiting period. Then, the hadith of Ibn 'Abbas (may Allah be pleased with him and him) "The divorce in the time of the Prophet (peace and blessings be upon him) and Abu Bakr and two years of the caliphate of 'Umar was that three divorces were one" its generality implies that there is no difference between a divorce repeated in its entirety and a divorce that occurred with a single phrase described as three. That is, there is no difference between saying "You are divorced three times" or "You are divorced, you are divorced, you are divorced." For the apparent meaning of the hadith is that there is no difference between them, especially since the scholars of knowledge who say that the three divorces occur as a final divorce included among their answers to this hadith that this applies to one who has not had intercourse with her.
The questioner : Yes.
The Shaykh : They said that because she is separated by the first divorce, the second and third divorces occur in a state where she is not a wife, so they are not counted against the divorcer. This indicates that this ruling indicated by the hadith includes the case where the divorce is repeated in its entirety or with a single phrase described as three.
The questioner : Yes.
The Shaykh : Yes.