The ruling on one who divorced by saying, “Talaq, talaq, talaq,” and “You are forbidden to me”
Machine translationRead the Arabic original
Question: From Abdul Aziz ibn Abdullah ibn Baz to the honorable brother, the esteemed judge of the Khaybar Court, may Allah grant you understanding in all good. Amen.
Peace be upon you, and Allah's mercy and blessings. After that:
O Beloved, your noble letter number (156), dated 6/4/1389 AH, reached me, which is a response to our letter number (516), dated 19/3/1389 AH. May Allah guide you. I have reviewed the attached papers, which contain your confirmation of the nature of the divorce that occurred from the husband to his wife. It states that his wife had a dispute with his sister during his brother’s wedding reception in the presence of many guests. This led to a loss of his consciousness, so he took a stick to hit them. Some people intercepted him to prevent him from doing so, so he began hitting everyone who came near him. When they prevented him from hitting them, he divorced her by saying, “Talaq, talaq, talaq” three times, and “You are forbidden to me.” It also includes the statement of the woman’s guardian, who is her brother, that he did not know about the divorce that took place except from his sister, who told him that her husband had divorced her three times by saying, “You are talaq, and you are forbidden to me” three times, and that he had not divorced her before this divorce. This is after you heard the statements of the divorcer, the divorced woman, and her guardian, and that what he mentioned about the reception is true, and that you heard from some people that what he mentioned about hitting the people is true.
Answer: Based on all of the above, I have issued a ruling to the husband that one divorce has taken effect on his wife through the divorce mentioned, and that the second and third utterances are considered confirmations of the first utterance, as stated explicitly by the scholars of knowledge, and as found in al-Sharh al-Kabir, al-Kashshaf, and others. As for his statement, “And you are forbidden to me,” he owes the expiation for zihar for that, and its procedure is not hidden from your eminence. This is all provided that it has not been established for you that indicates his lack of consciousness at the time of the divorce. If it is established for you that indicates his lack of consciousness, the divorce does not take effect. There is no doubt that his hitting people when he moved toward the women, if established, indicates his loss of consciousness. And in what you see, if Allah wills, is sufficient.
Peace be upon you, and Allah's mercy and blessings. After that:
O Beloved, your noble letter number (156), dated 6/4/1389 AH, reached me, which is a response to our letter number (516), dated 19/3/1389 AH. May Allah guide you. I have reviewed the attached papers, which contain your confirmation of the nature of the divorce that occurred from the husband to his wife. It states that his wife had a dispute with his sister during his brother’s wedding reception in the presence of many guests. This led to a loss of his consciousness, so he took a stick to hit them. Some people intercepted him to prevent him from doing so, so he began hitting everyone who came near him. When they prevented him from hitting them, he divorced her by saying, “Talaq, talaq, talaq” three times, and “You are forbidden to me.” It also includes the statement of the woman’s guardian, who is her brother, that he did not know about the divorce that took place except from his sister, who told him that her husband had divorced her three times by saying, “You are talaq, and you are forbidden to me” three times, and that he had not divorced her before this divorce. This is after you heard the statements of the divorcer, the divorced woman, and her guardian, and that what he mentioned about the reception is true, and that you heard from some people that what he mentioned about hitting the people is true.
Answer: Based on all of the above, I have issued a ruling to the husband that one divorce has taken effect on his wife through the divorce mentioned, and that the second and third utterances are considered confirmations of the first utterance, as stated explicitly by the scholars of knowledge, and as found in al-Sharh al-Kabir, al-Kashshaf, and others. As for his statement, “And you are forbidden to me,” he owes the expiation for zihar for that, and its procedure is not hidden from your eminence. This is all provided that it has not been established for you that indicates his lack of consciousness at the time of the divorce. If it is established for you that indicates his lack of consciousness, the divorce does not take effect. There is no doubt that his hitting people when he moved toward the women, if established, indicates his loss of consciousness. And in what you see, if Allah wills, is sufficient.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.