The ruling on one who pronounces triple divorce and repeats it twice for the purpose of notification
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother, the esteemed President of the Grand Court of al-Bahah, may Allah grant him understanding, amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
Your honorable letter No. 3885, dated 2/9/1392 AH, has been received, may Allah guide you, and I have reviewed its attachments and the information contained therein regarding the appearance of the husband, S. S. Sh., his wife, and her brother before your eminence. The aforementioned husband admitted that he divorced his aforementioned wife with a single phrase of triple divorce, then repeated it twice for the purpose of notifying her of the divorce. The aforementioned wife and her brother confirmed the aforementioned husband's statement, and they all desired to return to the bond of marriage if the Shari'ah permits it, as is known.
Answer: Based on all of the above, I issued a fatwa to the aforementioned husband that one divorce has taken effect on his aforementioned wife with the aforementioned divorce. 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 to him except through a new marriage contract with its conditions considered valid by the Shari'ah, as is clear. This is because it is authentically reported from the Prophet (peace and blessings be upon him) in the hadith of Ibn 'Abbas what indicates this, as is clear.
As for the second and third phrases of the divorce sentences, nothing takes effect by them; because he intended by them to inform the woman, not to create a new divorce; and he is the most knowledgeable of his intention, and he has what he intended; due to the saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 1.
I hope that your eminence will notify everyone of the aforementioned fatwa. May Allah reward your efforts, guide your steps, 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 the mercy of Allah and His blessings. After that:
Your honorable letter No. 3885, dated 2/9/1392 AH, has been received, may Allah guide you, and I have reviewed its attachments and the information contained therein regarding the appearance of the husband, S. S. Sh., his wife, and her brother before your eminence. The aforementioned husband admitted that he divorced his aforementioned wife with a single phrase of triple divorce, then repeated it twice for the purpose of notifying her of the divorce. The aforementioned wife and her brother confirmed the aforementioned husband's statement, and they all desired to return to the bond of marriage if the Shari'ah permits it, as is known.
Answer: Based on all of the above, I issued a fatwa to the aforementioned husband that one divorce has taken effect on his aforementioned wife with the aforementioned divorce. 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 to him except through a new marriage contract with its conditions considered valid by the Shari'ah, as is clear. This is because it is authentically reported from the Prophet (peace and blessings be upon him) in the hadith of Ibn 'Abbas what indicates this, as is clear.
As for the second and third phrases of the divorce sentences, nothing takes effect by them; because he intended by them to inform the woman, not to create a new divorce; and he is the most knowledgeable of his intention, and he has what he intended; due to the saying of the Prophet (peace and blessings be upon him):
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 نوىI hope that your eminence will notify everyone of the aforementioned fatwa. May Allah reward your efforts, guide your steps, 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.