The Ruling on One Who Divorces with Three Pronouncements in Exchange for Compensation
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother, the esteemed Shaykh and Judge of the Yambuh 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 (1664), dated 24/7/1393 AH, has been received, may Allah guide you. The questions it contained were already known, and here is their text and answer:
A man divorced his wife, whether she had been consummated or not, by saying: "I have divorced you with three pronouncements in exchange for what I received from you, which is a sum of one thousand riyals." After she accepted this, he ruled the khul' valid and informed the man that he has no right to take back this wife of his until she marries another husband. This was because the khul' occurred with the wording of divorce with three pronouncements. This information was based on the view that if khul' occurs with the wording of khul' and dissolution, the number of pronouncements is not reduced, and his wife becomes permissible to him with a new contract on its conditions. Likewise, if it occurs with the wording of divorce with less than three pronouncements.
Answer: There is disagreement among the scholars in this issue, as is not hidden. The majority are of the view you mentioned, that she is forbidden to him until she marries another husband, because he divorced her with three pronouncements, even if that was with a single word, based on what 'Umar (may Allah be pleased with him) held regarding the validation of three pronouncements made with a single word.
And Ibn 'Abbas (may Allah be pleased with him) held, in a sound narration from him, along with a group of the Salaf and the Khalaf, that of the three pronouncements the husband made with a single word, only one pronouncement takes effect. This is based on the hadith of Ibn 'Abbas established in Sahih Muslim (may Allah have mercy on him), and his second hadith recorded in the Musnad of Imam Ahmad with a good chain, in the story of Abu Rakanah. The Shaykh al-Islam Ibn Taymiyyah chose this view, as did his student, the scholar Ibn al-Qayyim (may Allah have mercy on them both). This is what we have issued as a fatwa for about thirty years due to the clarity of its evidence, and because of the public benefit for Muslims and the resolution of many family problems. And Allah (Glorified and Exalted is He) is the One who grants success. The scholar Ibn al-Qayyim (may Allah have mercy on him) elaborated on this in his books, "Zad al-Ma'ad," "I'lam al-Muwaqqi'in," "Ighathat al-Lahfan," and others.
Peace be upon you, and Allah's mercy and blessings. After that:
O Beloved, your noble letter, number (1664), dated 24/7/1393 AH, has been received, may Allah guide you. The questions it contained were already known, and here is their text and answer:
A man divorced his wife, whether she had been consummated or not, by saying: "I have divorced you with three pronouncements in exchange for what I received from you, which is a sum of one thousand riyals." After she accepted this, he ruled the khul' valid and informed the man that he has no right to take back this wife of his until she marries another husband. This was because the khul' occurred with the wording of divorce with three pronouncements. This information was based on the view that if khul' occurs with the wording of khul' and dissolution, the number of pronouncements is not reduced, and his wife becomes permissible to him with a new contract on its conditions. Likewise, if it occurs with the wording of divorce with less than three pronouncements.
Answer: There is disagreement among the scholars in this issue, as is not hidden. The majority are of the view you mentioned, that she is forbidden to him until she marries another husband, because he divorced her with three pronouncements, even if that was with a single word, based on what 'Umar (may Allah be pleased with him) held regarding the validation of three pronouncements made with a single word.
And Ibn 'Abbas (may Allah be pleased with him) held, in a sound narration from him, along with a group of the Salaf and the Khalaf, that of the three pronouncements the husband made with a single word, only one pronouncement takes effect. This is based on the hadith of Ibn 'Abbas established in Sahih Muslim (may Allah have mercy on him), and his second hadith recorded in the Musnad of Imam Ahmad with a good chain, in the story of Abu Rakanah. The Shaykh al-Islam Ibn Taymiyyah chose this view, as did his student, the scholar Ibn al-Qayyim (may Allah have mercy on them both). This is what we have issued as a fatwa for about thirty years due to the clarity of its evidence, and because of the public benefit for Muslims and the resolution of many family problems. And Allah (Glorified and Exalted is He) is the One who grants success. The scholar Ibn al-Qayyim (may Allah have mercy on him) elaborated on this in his books, "Zad al-Ma'ad," "I'lam al-Muwaqqi'in," "Ighathat al-Lahfan," and others.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.