A difference in the wording of divorce indicates repetition, not emphasis
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother, the esteemed head of the Al-Mubaraz Court, 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 number (2624), dated 22/6/1393 AH, has been received, and I have reviewed the attached document number (270), dated 14/6/1393 AH, which contains your certification of the nature of the divorce pronounced by the husband upon his wife. In it, he acknowledged before you that he wrote a paper stating that he had divorced her with one divorce, and wrote another stating that he had divorced her with three divorces, and that he did not verbally pronounce the aforementioned divorce. His intention with the last divorce was the first divorce. It also contains the confirmation of his ex-wife and her father regarding what they stated, and that she wishes to return to him if the Shari'ah permits it. I also reviewed the two attached divorce papers and found that they state what was mentioned, with the date of the first being 8/1/1393 AH and the date of the second being 9/1/1393 AH.
Answer: Based on this, I have issued a ruling to the aforementioned husband that two divorces have occurred regarding the aforementioned wife: one by the first divorce and the other by the divorce with three; because he wrote two papers at two different times, and because a difference in the wording of divorce does not indicate emphasis but rather indicates repetition; and because his divorce with three is different from his first divorce, so there is no basis for it to be an emphasis of the first. He remains with one divorce remaining, and he may take her back as long as she is in the waiting period. If she has exited the waiting period, she is not lawful for him except through a new marriage with its conditions considered valid by the Shari'ah. It is authentic from the Prophet (peace and blessings be upon him) what indicates that a divorce with three is considered one divorce, as is not hidden.
I hope you will inform everyone of the aforementioned ruling and order the husband to repent from his divorce with three, as it is a reprehensible divorce, as you are aware of this. May Allah reward you and thank you for your efforts.
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 number (2624), dated 22/6/1393 AH, has been received, and I have reviewed the attached document number (270), dated 14/6/1393 AH, which contains your certification of the nature of the divorce pronounced by the husband upon his wife. In it, he acknowledged before you that he wrote a paper stating that he had divorced her with one divorce, and wrote another stating that he had divorced her with three divorces, and that he did not verbally pronounce the aforementioned divorce. His intention with the last divorce was the first divorce. It also contains the confirmation of his ex-wife and her father regarding what they stated, and that she wishes to return to him if the Shari'ah permits it. I also reviewed the two attached divorce papers and found that they state what was mentioned, with the date of the first being 8/1/1393 AH and the date of the second being 9/1/1393 AH.
Answer: Based on this, I have issued a ruling to the aforementioned husband that two divorces have occurred regarding the aforementioned wife: one by the first divorce and the other by the divorce with three; because he wrote two papers at two different times, and because a difference in the wording of divorce does not indicate emphasis but rather indicates repetition; and because his divorce with three is different from his first divorce, so there is no basis for it to be an emphasis of the first. He remains with one divorce remaining, and he may take her back as long as she is in the waiting period. If she has exited the waiting period, she is not lawful for him except through a new marriage with its conditions considered valid by the Shari'ah. It is authentic from the Prophet (peace and blessings be upon him) what indicates that a divorce with three is considered one divorce, as is not hidden.
I hope you will inform everyone of the aforementioned ruling and order the husband to repent from his divorce with three, as it is a reprehensible divorce, as you are aware of this. May Allah reward you and thank you for your efforts.
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.
