Ruling on one who divorces his wife with three pronouncements in a single phrase, and then she exits the waiting period
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother, the esteemed judge of the Court of Guarantees, Marriages, Divorces, and Guardianship in Riyadh, may Allah grant him understanding in all good, amen.
Peace be upon you, and Allah's mercy and blessings. After that:
O Beloved: Your noble letter, number 1201, dated 17/10/1391 AH, which is a response to my letter, number 1914, dated 8/10/1391 AH, has arrived, may Allah guide you. I have reviewed the attached recording, which contains your confirmation of the nature of the divorce that occurred from the husband, B., regarding his wife.
He acknowledged before you that he divorced her three times in a single phrase, and that he did not divorce her before or after that. His ex-wife acknowledged that a disagreement occurred between them, so she went to her sister's house. She had no knowledge of his divorce, nor did she know that he had divorced her before or after the divorce registered with you. She also acknowledged that her menstruation had ceased for a year due to old age.
I have reviewed the document issued by your dictation, number 463, dated 3/8/1391 AH, concerning the aforementioned divorce, and found it consistent with the description of the divorce mentioned, and that it occurred on 21/7/1391 AH.
Answer: Based on this, I have issued a ruling to the aforementioned husband that one divorce has taken effect on the aforementioned wife through this divorce. He has the right to return to her through a new marriage with its conditions considered valid by the Shari'ah, as is evident, because she has exited the waiting period by completing three months before he took her back. 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 the aforementioned ruling, as is evident.
I hope you will notify both of them of this, and direct them to the Shari'ah method for returning her to him, if each of them desires it.
May Allah reward your efforts, and reward you with good for all of it.
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 1201, dated 17/10/1391 AH, which is a response to my letter, number 1914, dated 8/10/1391 AH, has arrived, may Allah guide you. I have reviewed the attached recording, which contains your confirmation of the nature of the divorce that occurred from the husband, B., regarding his wife.
He acknowledged before you that he divorced her three times in a single phrase, and that he did not divorce her before or after that. His ex-wife acknowledged that a disagreement occurred between them, so she went to her sister's house. She had no knowledge of his divorce, nor did she know that he had divorced her before or after the divorce registered with you. She also acknowledged that her menstruation had ceased for a year due to old age.
I have reviewed the document issued by your dictation, number 463, dated 3/8/1391 AH, concerning the aforementioned divorce, and found it consistent with the description of the divorce mentioned, and that it occurred on 21/7/1391 AH.
Answer: Based on this, I have issued a ruling to the aforementioned husband that one divorce has taken effect on the aforementioned wife through this divorce. He has the right to return to her through a new marriage with its conditions considered valid by the Shari'ah, as is evident, because she has exited the waiting period by completing three months before he took her back. 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 the aforementioned ruling, as is evident.
I hope you will notify both of them of this, and direct them to the Shari'ah method for returning her to him, if each of them desires it.
May Allah reward your efforts, and reward you with good for all of it.
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.