The Ruling on Saying "You are Divorced Three Times"
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother, the esteemed judge of the As-Sayyakh Court, may Allah grant him understanding in all good. Amen.
Peace be upon you, and Allah's mercy and blessings. After that:
O Beloved, your noble letter number (79), dated 23/5/1393 AH, has been received. May Allah guide you. I understood what you mentioned regarding the presence of the husband and the wali (guardian) before you, and the confirmation by the wali and the mother of the divorced wife of the aforementioned husband regarding the nature of the divorce that occurred from him to her. It is that a dispute arose between them over some clothing, and he said to her: "If you take this garment, it is your divorce." She took it, and at that point he said to her: "If you receive a provision, match it," meaning the divorce he had conditioned on her taking the garment. Then, after a period, she spoke to him in an inappropriate manner, so he became angry with her and said to her: "You are divorced three times, three times." He did not intend by the repetition to renew the divorce; rather, he repeated it out of intense anger, and he did not divorce her except with that.
Answer: Based on what has been mentioned, I have issued a ruling to the aforementioned husband that his last divorce constitutes one divorce that is added to the previous divorce, and she has one divorce remaining. He may take her back as long as she is in the 'iddah (waiting period). If she has exited the 'iddah, she is not lawful for him except through a new marriage with its conditions considered valid by the Shari'ah, as is clear. This is because it is authentically reported from the Prophet (peace and blessings be upon him), in the hadith of Ibn 'Abbas (may Allah be pleased with them both), what indicates this.
As for his repeating the word "three times," only one divorce takes effect by it, as mentioned above, and the second phrase is considered a confirmation of the first phrase, as the scholars have explicitly stated regarding such matters.
I hope you will inform everyone of this. May Allah reward your efforts and bless your endeavors. We have informed the husband that divorcing with three divorces is not permissible and that he must repent from it. May Allah improve the condition of everyone.
And peace be upon you and the mercy of Allah and His blessings.
Peace be upon you, and Allah's mercy and blessings. After that:
O Beloved, your noble letter number (79), dated 23/5/1393 AH, has been received. May Allah guide you. I understood what you mentioned regarding the presence of the husband and the wali (guardian) before you, and the confirmation by the wali and the mother of the divorced wife of the aforementioned husband regarding the nature of the divorce that occurred from him to her. It is that a dispute arose between them over some clothing, and he said to her: "If you take this garment, it is your divorce." She took it, and at that point he said to her: "If you receive a provision, match it," meaning the divorce he had conditioned on her taking the garment. Then, after a period, she spoke to him in an inappropriate manner, so he became angry with her and said to her: "You are divorced three times, three times." He did not intend by the repetition to renew the divorce; rather, he repeated it out of intense anger, and he did not divorce her except with that.
Answer: Based on what has been mentioned, I have issued a ruling to the aforementioned husband that his last divorce constitutes one divorce that is added to the previous divorce, and she has one divorce remaining. He may take her back as long as she is in the 'iddah (waiting period). If she has exited the 'iddah, she is not lawful for him except through a new marriage with its conditions considered valid by the Shari'ah, as is clear. This is because it is authentically reported from the Prophet (peace and blessings be upon him), in the hadith of Ibn 'Abbas (may Allah be pleased with them both), what indicates this.
As for his repeating the word "three times," only one divorce takes effect by it, as mentioned above, and the second phrase is considered a confirmation of the first phrase, as the scholars have explicitly stated regarding such matters.
I hope you will inform everyone of this. May Allah reward your efforts and bless your endeavors. We have informed the husband that divorcing with three divorces is not permissible and that he must repent from it. May Allah improve the condition of everyone.
And peace be upon you and the mercy of Allah and His blessings.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.