Ruling on saying: "By Allah, I will divorce you three times"
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From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother, A. M. S. (may Allah guide him), amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
Your letter dated 8/7/1394 AH has reached you, may Allah guide you, and what it contained was the information that a dispute arose between you and your wife, which developed into a fight. During the fight and in the heat of anger, you said to her: "By Allah, I will divorce you three times." Then the neighbors intervened and resolved the issue. The next day, she called her family by phone and informed them of what had happened. She has been avoiding you since that day, which was Monday, corresponding to 11/6/1394 AH—the day the fight took place. Her brother came and inquired from her about what happened, and you do not know what she told him. Then he asked you about the situation, so you informed him of everything that had occurred. He answered you that she had told him she heard you say: "By Allah, I will divorce you three, four, and five times." Then he took his sister and the children and they traveled to Madinah, to the end of what you mentioned. Your desire for a fatwa is known.
And the answer: If the reality is as you described, then the divorce you mentioned has not taken effect, whether by your saying: "By Allah, I will divorce you three times," or by your saying: "By Allah, I will divorce you three, four, and five times"—as your wife claimed—because your words are considered a threat of divorce, not an execution of divorce.
And if you do not carry out this threat, you must pay the expiation for an oath, which is feeding ten poor people, giving each poor person half a sa' (a dry measure of about 3 kg) of the local staple food, such as rice or other. If you provide them with a meal, either breakfast or dinner, that is sufficient. You can present this letter to your wife's guardian (wali) to know the ruling in this matter and to have her delivered to you. If he is convinced and delivers her to you, that is what is required. If your wife claims that the matter is different from what was mentioned, she must attend with her guardian before His Eminence Shaykh A. S. M.—the judge of the first urgent court in Madinah al-Munawwarah—to prove what she claims and provide information about it. I will look into that, if Allah wills. May Allah improve the condition of everyone. There is no need for you to attend before me.
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:
Your letter dated 8/7/1394 AH has reached you, may Allah guide you, and what it contained was the information that a dispute arose between you and your wife, which developed into a fight. During the fight and in the heat of anger, you said to her: "By Allah, I will divorce you three times." Then the neighbors intervened and resolved the issue. The next day, she called her family by phone and informed them of what had happened. She has been avoiding you since that day, which was Monday, corresponding to 11/6/1394 AH—the day the fight took place. Her brother came and inquired from her about what happened, and you do not know what she told him. Then he asked you about the situation, so you informed him of everything that had occurred. He answered you that she had told him she heard you say: "By Allah, I will divorce you three, four, and five times." Then he took his sister and the children and they traveled to Madinah, to the end of what you mentioned. Your desire for a fatwa is known.
And the answer: If the reality is as you described, then the divorce you mentioned has not taken effect, whether by your saying: "By Allah, I will divorce you three times," or by your saying: "By Allah, I will divorce you three, four, and five times"—as your wife claimed—because your words are considered a threat of divorce, not an execution of divorce.
And if you do not carry out this threat, you must pay the expiation for an oath, which is feeding ten poor people, giving each poor person half a sa' (a dry measure of about 3 kg) of the local staple food, such as rice or other. If you provide them with a meal, either breakfast or dinner, that is sufficient. You can present this letter to your wife's guardian (wali) to know the ruling in this matter and to have her delivered to you. If he is convinced and delivers her to you, that is what is required. If your wife claims that the matter is different from what was mentioned, she must attend with her guardian before His Eminence Shaykh A. S. M.—the judge of the first urgent court in Madinah al-Munawwarah—to prove what she claims and provide information about it. I will look into that, if Allah wills. May Allah improve the condition of everyone. There is no need for you to attend before me.
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.