Ruling on one who divorces his wife with three divorces and intends by it an oath
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Question: From Abdulaziz ibn Abdullah ibn Baz, to the honorable brother, the virtuous judge of the Abqaiq Court, 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, number 559, dated 28/8/1398 AH, has reached us, may Allah guide you. I have reviewed the attached sheet, which contains the statement of the husband, K. G., regarding the divorce of his two wives when he found them quarreling, saying: "The one who speaks to the other with inappropriate words is divorced." On the second day, they repeated what had happened on the first day.
I have also reviewed the note added by your virtue to the aforementioned sheet, stating that the imam of the neighborhood mosque where the husband resides came to you and informed you that the mother of one of the wives confessed to him that the husband had divorced his two wives, his daughter and the other, with three divorces, and that he had not divorced his daughter before that. The husband also confessed to your virtue that he had previously issued one divorce to his second wife.
And the answer : What I see is to task the aforementioned person with bringing the awliya (guardians) of his two wives to your presence, where possible, to question everyone about what they know.
If they have nothing to contradict the confession of the husband and his two wives, and the mother of one of them, or if there are no awliya for the two wives in your area, then I have issued a ruling to him and his two wives: that one divorce has taken effect on the two wives mentioned in your letter, whether or not it is established that the husband divorced with three as claimed by the mother of one of them. This is because divorcing with three in one word does not result in more than one divorce in the most correct opinion of the scholars, due to the famous hadith of Ibn Abbas regarding this. This is all on the condition that the husband intended by his words to effect the divorce on them if each one spoke to her co-wife with inappropriate words.
This divorce is added to the previous divorce in the case of the one he had previously divorced, leaving her with one divorce remaining and her co-wife with two, and he may take them back as long as they are in the waiting period.
However, if the husband did not intend by the divorce that occurred to effect a divorce, but rather intended to prevent each one from transgressing against the other and to threaten them with divorce, then nothing has taken effect on them by that, and he owes the expiation for an oath. This is because the aforementioned conditional statement with the aforementioned intention is in the ruling of an oath, as a group of the righteous Salaf issued a ruling to that effect, and as chosen by Shaykh al-Islam Ibn Taymiyyah and his student Ibn al-Qayyim (may Allah have mercy on them both). This is the correct view, and it is of the same kind as what the jurists of the Hanbali school and others mentioned regarding the ruling on vows of contention and anger. It is not hidden what is in this of facilitation for the Muslims and the resolution of many of the problems of marriage.
May Allah guide them all.
And peace be upon you and the mercy of Allah and His blessings.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O Beloved: Your noble letter, number 559, dated 28/8/1398 AH, has reached us, may Allah guide you. I have reviewed the attached sheet, which contains the statement of the husband, K. G., regarding the divorce of his two wives when he found them quarreling, saying: "The one who speaks to the other with inappropriate words is divorced." On the second day, they repeated what had happened on the first day.
I have also reviewed the note added by your virtue to the aforementioned sheet, stating that the imam of the neighborhood mosque where the husband resides came to you and informed you that the mother of one of the wives confessed to him that the husband had divorced his two wives, his daughter and the other, with three divorces, and that he had not divorced his daughter before that. The husband also confessed to your virtue that he had previously issued one divorce to his second wife.
And the answer : What I see is to task the aforementioned person with bringing the awliya (guardians) of his two wives to your presence, where possible, to question everyone about what they know.
If they have nothing to contradict the confession of the husband and his two wives, and the mother of one of them, or if there are no awliya for the two wives in your area, then I have issued a ruling to him and his two wives: that one divorce has taken effect on the two wives mentioned in your letter, whether or not it is established that the husband divorced with three as claimed by the mother of one of them. This is because divorcing with three in one word does not result in more than one divorce in the most correct opinion of the scholars, due to the famous hadith of Ibn Abbas regarding this. This is all on the condition that the husband intended by his words to effect the divorce on them if each one spoke to her co-wife with inappropriate words.
This divorce is added to the previous divorce in the case of the one he had previously divorced, leaving her with one divorce remaining and her co-wife with two, and he may take them back as long as they are in the waiting period.
However, if the husband did not intend by the divorce that occurred to effect a divorce, but rather intended to prevent each one from transgressing against the other and to threaten them with divorce, then nothing has taken effect on them by that, and he owes the expiation for an oath. This is because the aforementioned conditional statement with the aforementioned intention is in the ruling of an oath, as a group of the righteous Salaf issued a ruling to that effect, and as chosen by Shaykh al-Islam Ibn Taymiyyah and his student Ibn al-Qayyim (may Allah have mercy on them both). This is the correct view, and it is of the same kind as what the jurists of the Hanbali school and others mentioned regarding the ruling on vows of contention and anger. It is not hidden what is in this of facilitation for the Muslims and the resolution of many of the problems of marriage.
May Allah guide them all.
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.
