Indirect expressions of divorce result in only one divorce according to the stronger opinion
Machine translationRead the Arabic original
Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother, the esteemed President of the Courts of Ha'il, may Allah grant you understanding in all good. Amen.
Peace be upon you, and Allah's mercy and blessings. After that:
O Beloved, your noble letter number (593) dated 21/3/1394 AH has arrived, may Allah guide you. I understood what your eminence recorded regarding the husband, M. S., appearing before you and admitting that he divorced his wife by saying to her: "Get out, I see that you are not under my protection." When she said to him: "Is that not enough?" he said to her: "I see that you are divorced with sixty divorces." He then took her back the next day, and no divorce occurred from him toward her other than what was mentioned. Her father agreed with him in this matter and stated his daughter's desire to return to the aforementioned husband if a legal ruling is found, along with the testimony of the two witnesses whose testimony you recorded before you regarding his taking her back one day after the divorce.
Answer: Based on this, I have issued a ruling to the aforementioned husband that two divorces have occurred regarding his aforementioned divorce of the aforementioned wife: one by his saying to her, "I see that you are not under my protection," and the second by his saying, "I see that you are divorced with sixty divorces." One divorce remains for her. It is authentically reported from the Prophet (peace and blessings be upon him) what indicates that his second divorce is considered one divorce added to the divorce that occurred by his saying, "You are not under my protection," because it is in the category of indirect expression. The stronger opinion is that indirect expressions do not result in more than one divorce, and his taking her back is valid.
I hope you will inform everyone of this and order the husband to repent from his aforementioned divorce, as it is a reprehensible divorce, as is clear. May Allah reward your efforts and reward you with good for everyone. And may 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, your noble letter number (593) dated 21/3/1394 AH has arrived, may Allah guide you. I understood what your eminence recorded regarding the husband, M. S., appearing before you and admitting that he divorced his wife by saying to her: "Get out, I see that you are not under my protection." When she said to him: "Is that not enough?" he said to her: "I see that you are divorced with sixty divorces." He then took her back the next day, and no divorce occurred from him toward her other than what was mentioned. Her father agreed with him in this matter and stated his daughter's desire to return to the aforementioned husband if a legal ruling is found, along with the testimony of the two witnesses whose testimony you recorded before you regarding his taking her back one day after the divorce.
Answer: Based on this, I have issued a ruling to the aforementioned husband that two divorces have occurred regarding his aforementioned divorce of the aforementioned wife: one by his saying to her, "I see that you are not under my protection," and the second by his saying, "I see that you are divorced with sixty divorces." One divorce remains for her. It is authentically reported from the Prophet (peace and blessings be upon him) what indicates that his second divorce is considered one divorce added to the divorce that occurred by his saying, "You are not under my protection," because it is in the category of indirect expression. The stronger opinion is that indirect expressions do not result in more than one divorce, and his taking her back is valid.
I hope you will inform everyone of this and order the husband to repent from his aforementioned divorce, as it is a reprehensible divorce, as is clear. May Allah reward your efforts and reward you with good for everyone. And may 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.
