The Ruling on Saying (Talaq, Talaq, Talaq) Without Intending the Three
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Question: The husband, A. Y. A., came to me, and his wife was with him, and Shaykh M. F. was with them. The aforementioned husband admitted that he had said to his aforementioned wife about eight years ago: "If you go out of the door, you are divorced," and his intention was to warn her and prevent her, not to effect a divorce. She went out, and he also admitted that he had said to her: "I am under a divorce oath; you will not go to your father's house except after three months." She went to him after fifteen days. He stated that his intention was to prevent her and frighten her, not to effect a divorce. He also admitted that he had said to her: "You are divorced, divorced, divorced," and he did not intend the three, and he took her back. He also admitted that he had said to her: "If you open your mouth at my mother, you will be divorced." She opened her mouth at her mother, and he stated that his intention was to prevent her and frighten her, not to effect a divorce. He also stated that he sent her to her family's home without pronouncing a divorce, and then he took her back, but his intention when sending her away was divorce, although he did not utter anything intending divorce, as he recalls. When his wife was asked about everything her husband mentioned, she confirmed it, and she stated that she does not know that a divorce or anything indicating it occurred from him in the last instance?
Answer: Based on this, I issued a ruling to them that the aforementioned husband owes three expiations for oaths for his first, second, and fourth divorces; because they are in the ruling of an oath. I also issued a ruling to him that one divorce has taken effect on his aforementioned wife with the third divorce, which is his saying: "Divorced, divorced, divorced." The second and third utterances are considered confirmations of the first utterance, and nothing takes effect by them; because he did not intend the three, as the scholars have explicitly stated regarding such phrases in the chapter on what varies the number of divorces.
As for the fifth incident, I recommended that it be considered one divorce on the basis of precaution, to be added to the first divorce, and she would have one divorce remaining. His taking her back is valid, and I advised them to have good conduct with each other, to be upright in the mindfulness of Allah, and to be cautious of the causes of divorce.
We ask Allah to rectify their condition, all of it, and to make the outcome good for everyone.
Said and authenticated by the one who is poor in need of the forgiveness of his Lord, Abdul Aziz ibn Abdullah ibn Baz, the General President of the Departments of Scientific Research, Ifta, Da'wah, and Guidance.
Answer: Based on this, I issued a ruling to them that the aforementioned husband owes three expiations for oaths for his first, second, and fourth divorces; because they are in the ruling of an oath. I also issued a ruling to him that one divorce has taken effect on his aforementioned wife with the third divorce, which is his saying: "Divorced, divorced, divorced." The second and third utterances are considered confirmations of the first utterance, and nothing takes effect by them; because he did not intend the three, as the scholars have explicitly stated regarding such phrases in the chapter on what varies the number of divorces.
As for the fifth incident, I recommended that it be considered one divorce on the basis of precaution, to be added to the first divorce, and she would have one divorce remaining. His taking her back is valid, and I advised them to have good conduct with each other, to be upright in the mindfulness of Allah, and to be cautious of the causes of divorce.
We ask Allah to rectify their condition, all of it, and to make the outcome good for everyone.
Said and authenticated by the one who is poor in need of the forgiveness of his Lord, Abdul Aziz ibn Abdullah ibn Baz, the General President of the Departments of Scientific Research, Ifta, Da'wah, and Guidance.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
