The ruling on one who says: “You are divorced according to all schools of jurisprudence,” and repeats it three times
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother, the virtuous Shaykh Y. 'A. S. (may Allah guide him to all good), amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O Beloved, your noble letter dated 26/4/1393 AH, which is a response to my letter number (696) dated 16/4/1393 AH, has been received. May Allah guide you. It contained your report regarding the husband and wife’s attendance before your eminence, and your report that he quarreled with her and said to her: “You are divorced according to all schools of jurisprudence.” He repeated this twice, and then, after three hours, he repeated it a third time by saying: “You are divorced according to all schools of jurisprudence.” This was all in one sitting. He stated that he intended by this to warn her, restrain her, and frighten her, not to pronounce a new divorce, and he swore to this. He stated that he had not divorced her before that, and that he was in a state of anger and agitation. The wife reported that her husband was agitated, and she swore that she does not know or understand what he said, as they were in a severe quarrel and anger. She stated that he had not divorced her before that or after that.
Answer: Based on this, I issued a fatwa to the aforementioned husband that the divorce mentioned does not take effect except as one divorce, and the second and third utterances are considered a confirmation of the first utterance, because he did not intend by them to pronounce a new divorce, but rather repeated it due to anger. 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 to him except through a new marriage with its conditions that are valid in the Shari'ah. The scriptural evidence points to the aforementioned fatwa. I hope you will inform everyone of this. May Allah reward you and thank you for your efforts. Peace be upon you, and the mercy of Allah and His blessings.
Addition: It should be requested that the husband and wife bring the woman's guardian to ask him about what he knows. If he has no information differing from what they said, then inform them of the aforementioned fatwa. If he has information differing from that, I hope you will suspend the fatwa, inform us of his answer, and document any evidence he has if he has evidence for what he says. May you be rewarded with good.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O Beloved, your noble letter dated 26/4/1393 AH, which is a response to my letter number (696) dated 16/4/1393 AH, has been received. May Allah guide you. It contained your report regarding the husband and wife’s attendance before your eminence, and your report that he quarreled with her and said to her: “You are divorced according to all schools of jurisprudence.” He repeated this twice, and then, after three hours, he repeated it a third time by saying: “You are divorced according to all schools of jurisprudence.” This was all in one sitting. He stated that he intended by this to warn her, restrain her, and frighten her, not to pronounce a new divorce, and he swore to this. He stated that he had not divorced her before that, and that he was in a state of anger and agitation. The wife reported that her husband was agitated, and she swore that she does not know or understand what he said, as they were in a severe quarrel and anger. She stated that he had not divorced her before that or after that.
Answer: Based on this, I issued a fatwa to the aforementioned husband that the divorce mentioned does not take effect except as one divorce, and the second and third utterances are considered a confirmation of the first utterance, because he did not intend by them to pronounce a new divorce, but rather repeated it due to anger. 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 to him except through a new marriage with its conditions that are valid in the Shari'ah. The scriptural evidence points to the aforementioned fatwa. I hope you will inform everyone of this. May Allah reward you and thank you for your efforts. Peace be upon you, and the mercy of Allah and His blessings.
Addition: It should be requested that the husband and wife bring the woman's guardian to ask him about what he knows. If he has no information differing from what they said, then inform them of the aforementioned fatwa. If he has information differing from that, I hope you will suspend the fatwa, inform us of his answer, and document any evidence he has if he has evidence for what he says. May you be rewarded with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.