Ruling on saying: "Talaq, then talaq, you are talaq"
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Question: From Abdul Aziz ibn Abdullah ibn Baz to the honorable brother, the esteemed President of the Dammam Court, may Allah guide you to all good, amen.
Peace be upon you, and Allah's mercy and blessings. After that:
O my beloved, your noble letter number (1596) dated 3/9/1390 AH has arrived, may Allah guide you. I have reviewed the attached petition submitted to your eminence by the husband, which states that a disagreement occurred between him and his wife, which angered him, and in his anger he divorced her by saying: "Talaq, then talaq, you are talaq." He intended by the third phrase to make her understand that he had divorced her. This took place in the month of Jumada al-Thani in the year 1390 AH, and she was pregnant at the time of the divorce. You requested our opinion on the matter?
Answer: Based on this, what your beloved sees is to task the aforementioned husband with bringing the wali (guardian) of his divorced wife to you. If he confirms the nature of the facts and they all agree that he did not divorce her before or after that, then I have issued a fatwa to the aforementioned husband that two divorces have taken effect on his aforementioned wife through the divorce mentioned, and he 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 to him except through a new marriage with its conditions considered valid by the Shari'ah. It is established by the evidence of the Shari'ah from the pure Sunnah what indicates this, as is not hidden. I hope you will complete the necessary procedures and notify everyone of the aforementioned fatwa. However, if it becomes clear from the wali's response that it contradicts what the husband stated, I hope you will issue a fatwa to them based on what appears to you, or inform me of what is established with you so that I may look into it.
May Allah reward your efforts and bless your endeavors, and may Allah reward you all with good, and may 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 my beloved, your noble letter number (1596) dated 3/9/1390 AH has arrived, may Allah guide you. I have reviewed the attached petition submitted to your eminence by the husband, which states that a disagreement occurred between him and his wife, which angered him, and in his anger he divorced her by saying: "Talaq, then talaq, you are talaq." He intended by the third phrase to make her understand that he had divorced her. This took place in the month of Jumada al-Thani in the year 1390 AH, and she was pregnant at the time of the divorce. You requested our opinion on the matter?
Answer: Based on this, what your beloved sees is to task the aforementioned husband with bringing the wali (guardian) of his divorced wife to you. If he confirms the nature of the facts and they all agree that he did not divorce her before or after that, then I have issued a fatwa to the aforementioned husband that two divorces have taken effect on his aforementioned wife through the divorce mentioned, and he 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 to him except through a new marriage with its conditions considered valid by the Shari'ah. It is established by the evidence of the Shari'ah from the pure Sunnah what indicates this, as is not hidden. I hope you will complete the necessary procedures and notify everyone of the aforementioned fatwa. However, if it becomes clear from the wali's response that it contradicts what the husband stated, I hope you will issue a fatwa to them based on what appears to you, or inform me of what is established with you so that I may look into it.
May Allah reward your efforts and bless your endeavors, and may Allah reward you all with good, and may 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.