The ruling on one who says, “You are divorced three times,” and repeats it
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Question: From Abdulaziz ibn Abdullah ibn Baz to the honorable brother, the virtuous Shaykh A. I. H. May Allah guide him to all good. Amen.
Peace be upon you, and Allah's mercy and blessings. After that:
O Beloved, your noble letter dated 16/12/1388 AH has arrived. May Allah guide you. The congratulations included in it for the blessed Festival of Sacrifice were already known. May Allah congratulate you with all good, accept from everyone, and return it to us, to you, and to all Muslims for many years in a state of goodness and uprightness. He is the best of those asked. I have understood what you mentioned regarding the husband’s divorce of his wife, namely that he said to her: “You are divorced three times, you are divorced three times,” and that he did not intend anything by this repetition due to his emotional agitation, and that he had not divorced her before that, and that the wife confirmed this to him, and that her father and her uncle were present with you and testified to the truth of that, as they were present when the divorce occurred, and that he witnessed her taking back immediately, and that there is no guardian for the woman, and that she has expressed her readiness to return to him if a fatwa is issued regarding that.
The answer: If the reality is as you mentioned, I have issued a fatwa to the husband that two divorces have occurred on his wife with the divorce mentioned, one divorce for each statement, and one divorce remains for him. His taking her back is valid if it is established with you by evidence or by the woman’s admission; because it is authentically reported from the Messenger of Allah (peace and blessings be upon him) what indicates the aforementioned fatwa, as is not hidden.
So I hope that you will inform everyone of that and order the husband to repent from the aforementioned divorce; because divorcing with three [divorces] is not permissible, as your virtue knows. May Allah reward you and reward you with good for everyone.
And 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 dated 16/12/1388 AH has arrived. May Allah guide you. The congratulations included in it for the blessed Festival of Sacrifice were already known. May Allah congratulate you with all good, accept from everyone, and return it to us, to you, and to all Muslims for many years in a state of goodness and uprightness. He is the best of those asked. I have understood what you mentioned regarding the husband’s divorce of his wife, namely that he said to her: “You are divorced three times, you are divorced three times,” and that he did not intend anything by this repetition due to his emotional agitation, and that he had not divorced her before that, and that the wife confirmed this to him, and that her father and her uncle were present with you and testified to the truth of that, as they were present when the divorce occurred, and that he witnessed her taking back immediately, and that there is no guardian for the woman, and that she has expressed her readiness to return to him if a fatwa is issued regarding that.
The answer: If the reality is as you mentioned, I have issued a fatwa to the husband that two divorces have occurred on his wife with the divorce mentioned, one divorce for each statement, and one divorce remains for him. His taking her back is valid if it is established with you by evidence or by the woman’s admission; because it is authentically reported from the Messenger of Allah (peace and blessings be upon him) what indicates the aforementioned fatwa, as is not hidden.
So I hope that you will inform everyone of that and order the husband to repent from the aforementioned divorce; because divorcing with three [divorces] is not permissible, as your virtue knows. May Allah reward you and reward you with good for everyone.
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.
