The ruling on one who intends confirmation or clarification by repeating the divorce
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother, the President of the Courts of the Al-Bahah Region, may Allah guide him to all good, amen.
Peace be upon you, and the mercy of Allah and His blessings:
O beloved, your noble letter (3019) dated 7/11/1398 AH has been received, may Allah guide you. We have learned what it contains and have reviewed the attached paper certified by your excellence. It contains the husband, A. H.'s, admission that he divorced his wife by saying to her: "You are divorced, you are divorced," and that he did not divorce her before or after that. It also contains her confirmation of this, and a statement from her guardian, who is her brother, that he was not present at the time of the divorce and that he does not know whether a divorce preceded or followed it?
Answer: We inform you that based on this, we issued a fatwa to the aforementioned husband that two divorces have taken effect on the aforementioned wife by the divorce mentioned, with one divorce for each phrase, unless he intended by repeating the divorce to confirm or clarify, in which case only one divorce takes effect, and the second phrase is considered a confirmation of the first, with no divorce taking effect from it. The scholars have stated this in the chapter on what differentiates the number of divorces. He may take her back as long as she is in the waiting period. If she has exited the waiting period, she is not lawful for him again except through a new marriage with its conditions considered valid by the Shari'ah, as is clear. We hope your excellence will complete the necessary procedures and notify everyone of the aforementioned fatwa. May Allah reward you and thank you for your efforts.
And peace be upon you and the mercy of Allah and His blessings.
The General President of the Departments of Research
Scientific, Ifta, Da'wah, and Guidance
Peace be upon you, and the mercy of Allah and His blessings:
O beloved, your noble letter (3019) dated 7/11/1398 AH has been received, may Allah guide you. We have learned what it contains and have reviewed the attached paper certified by your excellence. It contains the husband, A. H.'s, admission that he divorced his wife by saying to her: "You are divorced, you are divorced," and that he did not divorce her before or after that. It also contains her confirmation of this, and a statement from her guardian, who is her brother, that he was not present at the time of the divorce and that he does not know whether a divorce preceded or followed it?
Answer: We inform you that based on this, we issued a fatwa to the aforementioned husband that two divorces have taken effect on the aforementioned wife by the divorce mentioned, with one divorce for each phrase, unless he intended by repeating the divorce to confirm or clarify, in which case only one divorce takes effect, and the second phrase is considered a confirmation of the first, with no divorce taking effect from it. The scholars have stated this in the chapter on what differentiates the number of divorces. He may take her back as long as she is in the waiting period. If she has exited the waiting period, she is not lawful for him again except through a new marriage with its conditions considered valid by the Shari'ah, as is clear. We hope your excellence will complete the necessary procedures and notify everyone of the aforementioned fatwa. May Allah reward you and thank you for your efforts.
And peace be upon you and the mercy of Allah and His blessings.
The General President of the Departments of Research
Scientific, Ifta, Da'wah, and Guidance
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.