Ruling on the statement: “Your daughter is not a dhimmi”
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Question: From Abdulaziz ibn Abdullah ibn Baz to the honorable, the virtuous judge of al-Hayt and its dependencies, may Allah guide you to all good. Amen.
Peace be upon you, and Allah's mercy and blessings. After that:
O Beloved, a man came to me who identified himself as A. He stated that he became angry with his wife while he was ill and said to her father: “O uncle, your daughter is not a dhimmi.” According to his account, no one was aware of this statement except his uncle. He then took her back after twenty days of the divorce. He presented to me your esteemed response regarding this issue, which included your consideration that the allusion he uttered constituted a triple divorce, even if he intended only one.
Answer: Based on the fact that, according to his account, the man was not aware of what he said except through his uncle, and also based on the disagreement among scholars regarding what constitutes a divorce by an explicit allusion, their disagreement regarding the wording of explicit and implicit allusions, and the disagreement of the Companions and those who came after them on this matter, and based on what is established in the hadith of Ibn Abbas (may Allah be pleased with him) that the triple divorce was considered a single divorce during the time of the Prophet (peace and blessings be upon him), the time of Abu Bakr, and the first two years of the caliphate of Umar, it is considered a single divorce.
And based on the position of Imam Ahmad in one of the two narrations, which is the school of al-Shafi'i (may Allah have mercy on him), Abu Hanifa, and the people of opinion, that an allusion results in what the person intended, even if it is explicit; if he did not intend anything other than the general category of divorce, then only one divorce takes effect. And also based on the choice of Shaykh Taqiy al-Din and Shaykh Muhammad ibn Abd al-Wahhab (may Allah have mercy on them both) that all allusions result in only one divorce.
And also based on the word spoken by the aforementioned husband, the most apparent view is that it is among the implicit allusions, if the man had memorized it and intended divorce by it.
Based on all of this, I have decided to write to your eminence and advise you to withdraw the fatwa in the husband’s possession, then summon him and his uncle and question them about the nature of the incident: did the husband memorize what he said and intend divorce by it, or was he unaware of it except through his uncle? And was there a prior divorce? Then provide the outcome so that I may look into issuing a ruling. The intention behind all of this is love of good for you and for the Muslims, and the desire to reunite the two spouses, as far as a Shari'ah-compliant path allows, especially since the original state is the continuation of the marriage. Therefore, it is not permissible to sever it, especially a severance that results in a major final divorce for the woman, except with a certain proof that the heart is reassured by due to its clarity and obviousness.
And I ask Allah to absolve the conscience of everyone, and to make us and you among those who submit to the truth, and to grant us understanding in His religion and sincere advice for it and for His servants. Indeed, He is Generous and Noble.
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, a man came to me who identified himself as A. He stated that he became angry with his wife while he was ill and said to her father: “O uncle, your daughter is not a dhimmi.” According to his account, no one was aware of this statement except his uncle. He then took her back after twenty days of the divorce. He presented to me your esteemed response regarding this issue, which included your consideration that the allusion he uttered constituted a triple divorce, even if he intended only one.
Answer: Based on the fact that, according to his account, the man was not aware of what he said except through his uncle, and also based on the disagreement among scholars regarding what constitutes a divorce by an explicit allusion, their disagreement regarding the wording of explicit and implicit allusions, and the disagreement of the Companions and those who came after them on this matter, and based on what is established in the hadith of Ibn Abbas (may Allah be pleased with him) that the triple divorce was considered a single divorce during the time of the Prophet (peace and blessings be upon him), the time of Abu Bakr, and the first two years of the caliphate of Umar, it is considered a single divorce.
And based on the position of Imam Ahmad in one of the two narrations, which is the school of al-Shafi'i (may Allah have mercy on him), Abu Hanifa, and the people of opinion, that an allusion results in what the person intended, even if it is explicit; if he did not intend anything other than the general category of divorce, then only one divorce takes effect. And also based on the choice of Shaykh Taqiy al-Din and Shaykh Muhammad ibn Abd al-Wahhab (may Allah have mercy on them both) that all allusions result in only one divorce.
And also based on the word spoken by the aforementioned husband, the most apparent view is that it is among the implicit allusions, if the man had memorized it and intended divorce by it.
Based on all of this, I have decided to write to your eminence and advise you to withdraw the fatwa in the husband’s possession, then summon him and his uncle and question them about the nature of the incident: did the husband memorize what he said and intend divorce by it, or was he unaware of it except through his uncle? And was there a prior divorce? Then provide the outcome so that I may look into issuing a ruling. The intention behind all of this is love of good for you and for the Muslims, and the desire to reunite the two spouses, as far as a Shari'ah-compliant path allows, especially since the original state is the continuation of the marriage. Therefore, it is not permissible to sever it, especially a severance that results in a major final divorce for the woman, except with a certain proof that the heart is reassured by due to its clarity and obviousness.
And I ask Allah to absolve the conscience of everyone, and to make us and you among those who submit to the truth, and to grant us understanding in His religion and sincere advice for it and for His servants. Indeed, He is Generous and Noble.
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.