A man divorcing his wife with three divorces: a detailed explanation

Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother, may Allah increase him in knowledge and faith, amen.
Peace be upon you, and Allah's mercy and blessings. As for what follows:
I have reviewed your letter addressed to the professors at the Islamic University in al-Madinah al-Munawwarah, which the Vice President of the aforementioned university forwarded to me, a copy of whose letter is attached. It became clear to me from your letter that you are asking about two matters:
The first: If a man divorces his wife with three divorces, is it permissible for him to take her back?
The second: If a man orders his wife to go to her family, does that constitute a divorce for her, and can he take her back afterwards?

Answer: The answer to the first question is as follows: Divorcing a wife with three divorces involves a detailed distinction. It is that his divorcing her with three divorces may occur at multiple times; he divorces her, then takes her back during the waiting period or through a new marriage after she exits the waiting period, then he divorces her a second time, then takes her back during the waiting period or through a new marriage after she exits the waiting period, then he divorces her the third time. In this case, as described, she becomes forbidden to him until she marries another husband, with a marriage of desire, and he has intercourse with her; based on the saying of Allah (Glorified and Exalted is He) : [al-Baqarah: 230].
The scholars have reached consensus on this, and other cases are included in this category according to the majority of scholars; among them: if he says to her: "You are divorced, then divorced, then divorced," or he says: "You are divorced, you are divorced, you are divorced," and in this last case he did not intend affirmation or clarification. Also, if he says: "You are divorced, and divorced, and divorced," or he says: "Divorced, then divorced, then divorced," and the like. In all these cases, the three divorces take effect on her, and it is not permissible for him to return to her until she marries another husband, with a marriage of desire, and he has intercourse with her, based on the aforementioned verse and the hadith of 'A'ishah (may Allah be pleased with her) that the wife of Rafi' al-Qurazi was divorced by him irrevocably, so she married 'Abd al-Rahman ibn al-Zubayr after him, and she mentioned to the Prophet (peace and blessings be upon him) what indicated that he was unable to have intercourse with her, so the Prophet (peace and blessings be upon him) said to her: Agreed upon by al-Bukhari and Muslim. The meaning of "tasting the honey" is intercourse according to the scholars.
Among the forms of divorce with three divorces is when a man divorces his wife with three divorces using a single phrase, such as saying to her: "You are divorced with three," or "You are divorced with three." The majority of scholars held that the three divorces take effect on the woman in this case, and she becomes forbidden to her husband thereby until she marries another husband, with a marriage of desire, and he has intercourse with her, like the previous cases. They argued for this based on the noble verse mentioned earlier and the fact that 'Umar ibn al-Khattab (may Allah be pleased with him) enforced it upon the people. Others among the scholars held that it is considered one divorce, and he can take her back as long as she is in the waiting period; if she exits the waiting period, she becomes permissible to him through a new marriage. They argued for this based on what is established in Sahih Muslim from Ibn 'Abbas (may Allah be pleased with them both) who said: "Divorce in the time of the Messenger of Allah (peace and blessings be upon him), the time of Abu Bakr (may Allah be pleased with him) , and two years of the caliphate of 'Umar (may Allah be pleased with him) , three divorces were one. 'Umar said: The people have hastened in a matter in which they had patience, so if we enforce it upon them, we will do so." In another narration from Muslim, Abu al-Shihbah said to Ibn 'Abbas (may Allah be pleased with them both): "Did you not make the three one in the time of the Prophet (peace and blessings be upon him), the time of Abu Bakr, and two years of the time of 'Umar (may Allah be pleased with him)? He said: Yes."
They also argued with what Imam Ahmad narrated in al-Musnad with a good chain from Ibn 'Abbas (may Allah be pleased with them both) that Abu Rakanah divorced his wife three times, so he grieved for her, and the Prophet (peace and blessings be upon him) returned her to him and said: . They interpreted this hadith and the previous one as applying to divorce with three divorces using a single phrase, to reconcile these two hadiths with the noble verse mentioned earlier. Ibn 'Abbas (may Allah be pleased with them both) held this opinion in a sound narration from him, and held the opinion of the majority in the other narration from him. The opinion of making it one is also narrated from 'Ali, 'Abd al-Rahman ibn 'Awf, and al-Zubayr ibn al-'Awwam (may Allah be pleased with them all) collectively. A group of the Tabi'un, Muhammad ibn Ishaq the author of the Sirah, and a group of scholars from the early and later generations held this view. Shaykh al-Islam Ibn Taymiyyah chose it, as did his student, the scholar Ibn al-Qayyim (may Allah have mercy on both of them). This is what we issue fatwas with, because it involves acting in accordance with all the texts, and also because it involves mercy to the Muslims and gentleness with them.

As for the second issue: which is if a man says to his wife: "Go to your family," and so on.
The answer is: This involves a detailed distinction. If the husband, when he said to her: "Go to your family," intended to divorce her, she is divorced with one divorce, and he can take her back as long as she is in the waiting period. If she exits the waiting period before he takes her back, she does not become permissible to him except through a new marriage with its conditions considered valid by the Shari'ah.
However, if he did not intend divorce by it, then nothing takes effect on her; rather, she remains in his protection. Because this phrase and its like are considered among the ambiguous expressions of divorce, and an ambiguous expression does not result in divorce except with intention. For this reason, when Ka'b ibn Malik al-Ansari (may Allah be pleased with him) said to his wife, when he was ordered to separate from her: "Go to your family," nothing took effect on her thereby; because he did not intend divorce, but rather intended her to remain with her family until Allah judges in his matter and the matter of his two companions, due to their absence from the expedition of Tabuk. The story is well known in the biographies and accounts of battles, and in the interpretation of the saying of Allah the Exalted in Surat al-Bara'ah: the verse [al-Tawbah: 118].
And I ask Allah (Glorified and Exalted is He) to grant us, you, and all our brothers understanding in His religion and steadfastness upon it, and safety from misleading trials. Indeed, He is All-Hearing, Near.
And peace be upon you and the mercy of Allah and His blessings.
The General President of the Departments of Research
Scientific, Ifta, Da'wah, and Guidance