The ruling on one who divorces by saying: You are divorced with three, you are divorced with three
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Question: From Abdulaziz ibn Abdullah ibn Baz to the honorable brother, Shaykh S. A., may Allah guide him to all good, amen.
Peace be upon you, and Allah's mercy and blessings, and after that:
O Beloved, your noble letter dated 17/11/1388 AH has arrived, may Allah guide you, and I have reviewed the attached paper drafted by the brother, Shaykh A. G., which contains the documentation of the nature of the divorce that occurred from the husband to his wife, namely: that he said to her in a state of anger: "You are divorced with three, you are divorced with three," and that he took her back on the second day after the divorce occurred, and the confirmation of the guardian of the divorced woman regarding the nature of the divorce, and the acknowledgment of the divorcer to you that he intended his second divorce to be an affirmation.
Answer: What I see is to ask the divorcer and the guardian: Did any divorce precede this? If they acknowledge that no divorce occurred other than what was mentioned, then I have issued a ruling to the aforementioned husband that one single divorce has occurred on the aforementioned wife, and his taking her back is valid if it is established with you by evidence or by the woman's acknowledgment. It is well known that there is a report from the Messenger of Allah (peace and blessings be upon him) that indicates the aforementioned ruling.
So I hope you will complete the necessary procedures and order the husband to repent from his aforementioned divorce, because divorcing with three is not permissible. May Allah reward you and reward you with good for all of this. However, if something of a divorce preceded this before that, then inform us.
And peace be upon you and the mercy of Allah and His blessings.
Peace be upon you, and Allah's mercy and blessings, and after that:
O Beloved, your noble letter dated 17/11/1388 AH has arrived, may Allah guide you, and I have reviewed the attached paper drafted by the brother, Shaykh A. G., which contains the documentation of the nature of the divorce that occurred from the husband to his wife, namely: that he said to her in a state of anger: "You are divorced with three, you are divorced with three," and that he took her back on the second day after the divorce occurred, and the confirmation of the guardian of the divorced woman regarding the nature of the divorce, and the acknowledgment of the divorcer to you that he intended his second divorce to be an affirmation.
Answer: What I see is to ask the divorcer and the guardian: Did any divorce precede this? If they acknowledge that no divorce occurred other than what was mentioned, then I have issued a ruling to the aforementioned husband that one single divorce has occurred on the aforementioned wife, and his taking her back is valid if it is established with you by evidence or by the woman's acknowledgment. It is well known that there is a report from the Messenger of Allah (peace and blessings be upon him) that indicates the aforementioned ruling.
So I hope you will complete the necessary procedures and order the husband to repent from his aforementioned divorce, because divorcing with three is not permissible. May Allah reward you and reward you with good for all of this. However, if something of a divorce preceded this before that, then inform us.
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.