Ruling on one who divorced his wife twice, then took her back, then divorced her with three
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Question: From Abdulaziz ibn Abdullah ibn Baz, to the honorable brother / A.A.Z., may Allah guide him to all that is good, amen.
Peace be upon you, and Allah's mercy and blessings. As for what follows:
Your letter dated without [date] has reached us, may Allah guide you with His guidance, and what it contained of the information: that you wrote the following:
"I, A.A., testify that I divorced my wife with two final divorces, so she is divorced. Divorced — and there is no power nor strength except with Allah" — and that was in the month of Rajab 1385 AH, and she was pregnant, and on the second day after the divorce occurred, I took her back... to the end of what you mentioned, and your desire for a fatwa was known.
And the answer: I have looked at what you attached of the fatwa of Shaykh / A.Z., and Shaykh / A.H. — the Mufti of Egypt — and the ruling of the head of the Grand Court in Makkah.
And what I see: is the validity of what Shaykh / S. ruled, which agrees with what the virtue of the Mufti of Egypt transmitted from the madhhab of Abu Hanifah, and it is the implication of the words of the scholars in this issue; because you first divorced her with two divorces, then you took her back, then you divorced her with three, and thereby you exhausted the remaining divorce due to you, and your aforementioned wife was divorced from you with a major finality.
And I ask Allah to make the good in reality, and to compensate each of you with something better than the other; indeed He is Generous, Most Merciful.
And this fatwa is the implication of the word of Allah in His noble Book in Surat al-Baqarah: [al-Baqarah:230], and this is the third divorce; because He, the Exalted, mentioned before it two divorces in His saying, the Exalted: [al-Baqarah:229].
And peace be upon you and the mercy of Allah and His blessings.
Peace be upon you, and Allah's mercy and blessings. As for what follows:
Your letter dated without [date] has reached us, may Allah guide you with His guidance, and what it contained of the information: that you wrote the following:
"I, A.A., testify that I divorced my wife with two final divorces, so she is divorced. Divorced — and there is no power nor strength except with Allah" — and that was in the month of Rajab 1385 AH, and she was pregnant, and on the second day after the divorce occurred, I took her back... to the end of what you mentioned, and your desire for a fatwa was known.
And the answer: I have looked at what you attached of the fatwa of Shaykh / A.Z., and Shaykh / A.H. — the Mufti of Egypt — and the ruling of the head of the Grand Court in Makkah.
And what I see: is the validity of what Shaykh / S. ruled, which agrees with what the virtue of the Mufti of Egypt transmitted from the madhhab of Abu Hanifah, and it is the implication of the words of the scholars in this issue; because you first divorced her with two divorces, then you took her back, then you divorced her with three, and thereby you exhausted the remaining divorce due to you, and your aforementioned wife was divorced from you with a major finality.
And I ask Allah to make the good in reality, and to compensate each of you with something better than the other; indeed He is Generous, Most Merciful.
And this fatwa is the implication of the word of Allah in His noble Book in Surat al-Baqarah:
And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him
فَإِن طَلَّقَهَا فَلاَ تَحِلُّ لَهُ مِن بَعْدُ حَتَّىَ تَنكِحَ زَوْجًا غَيْرَهُDivorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment.
الطَّلاَقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أو تَسْرِيحٌ بِإِحْسَانٍAnd 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.
