The Ruling on One Who Says to His Wife: You Are Divorced Three Times
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Question: A husband came to me, accompanied by his wife’s guardian and his wife. The husband acknowledged that he had divorced his wife once about thirty-five years ago, then taken her back, and then divorced her three times in a single utterance in Rajab of the year 1394 AH. He consulted one of the scholars, who ruled that it was a single divorce, and he took her back. Then, on 28/11/1394 AH, a quarrel occurred between him and his wife, and he said to her: “If you do not want my companionship, why are you staying with me? You are divorced three times.” He stated that his intention was the previous divorce that had taken place in Rajab of 1394 AH, and he swore to that. When the wife was asked if he had divorced her other than what was mentioned, she stated that he had not divorced her except for that. When her father was asked, he stated that he knew nothing of the aforementioned divorce.
Answer: Based on this, I ruled for the husband that the aforementioned divorce that took place in Rajab was a single divorce that is added to the previous divorce, and she has one divorce remaining, and his taking her back is valid; because it is authentically reported from the Prophet (peace and blessings be upon him) in the hadith of Ibn Abbas (may Allah be pleased with them both) what indicates this.
His statement that he intended with his last divorce the divorce that took place in Rajab 1394 AH is accepted; because he is the one who knows his intention, and the Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 1 I have advised them both to treat each other kindly and to be cautious of the causes of anger. May Allah improve their condition.
Said by the one who dictated it, the poor one to Allah the Exalted, Abdul Aziz ibn Abdullah ibn Baz, may Allah forgive him, and may Allah send prayers and peace upon our Prophet Muhammad and his family and his companions.
Answer: Based on this, I ruled for the husband that the aforementioned divorce that took place in Rajab was a single divorce that is added to the previous divorce, and she has one divorce remaining, and his taking her back is valid; because it is authentically reported from the Prophet (peace and blessings be upon him) in the hadith of Ibn Abbas (may Allah be pleased with them both) what indicates this.
His statement that he intended with his last divorce the divorce that took place in Rajab 1394 AH is accepted; because he is the one who knows his intention, and the Prophet (peace and blessings be upon him) said:
The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended.
إنما الأعمال بالنيات وإنما لكل امرئ ما نوىSaid by the one who dictated it, the poor one to Allah the Exalted, Abdul Aziz ibn Abdullah ibn Baz, may Allah forgive him, and may Allah send prayers and peace upon our Prophet Muhammad and his family and his companions.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
