The Method of Divorce in Accordance with the Sunnah, and the Ruling on Pronouncing Three Divorces and Divorce in a State of Anger in a Single Session
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Question:
First: What is the prescribed method of divorce in light of the Qur'an and the Sunnah?
Second: Does pronouncing three divorces in a single session count as one divorce or three?
Third: A man in a state of extreme anger said to his wife, "I have divorced you three times." He is now regretting this and wants to take her back. What is the legal ruling in this case?
Answer: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother M. H., may Allah guide him. Amen.
Peace be upon you, and Allah's mercy and blessings. After that:
I inform you that I have reviewed the paper sent to you containing some questions, and here is its text and the answer:
First: What is the prescribed method of divorce in light of the Qur'an and the Sunnah?
Answer: The prescribed method is for the man to divorce his wife with a single pronouncement while she is pregnant or in a state of purity in which he has not had intercourse with her; based on the saying of Allah (Glorified and Exalted is He) : [Surah al-Talaq: 1].
In the two Sahihs, it is narrated from Ibn 'Umar (may Allah be pleased with him and his father) that he divorced his wife while she was menstruating. 'Umar (may Allah have mercy on him) mentioned this to the Prophet (peace and blessings be upon him), who was displeased with it and said:. In a narration by Muslim from him (peace and blessings be upon him), he said: Jami` at-Tirmidhi 1176Sahih (Darussalam).
Second: Does pronouncing three divorces in a single session count as one divorce or three?
Answer: Pronouncing three divorces with a single phrase is considered one divorce according to the most correct of the scholars' opinions; based on what is established in Sahih Muslim from Ibn 'Abbas (may Allah be pleased with him and his father) who said: "During the time of the Prophet (peace and blessings be upon him), the time of Abu Bakr, and two years of the caliphate of 'Umar (may Allah be pleased with him), three divorces were considered one. Then 'Umar (may Allah have mercy on him) said: 'The people have hastened in a matter in which they used to be patient. If we were to enforce it upon them, we would do so.' So he enforced it upon them." It is clear from this that its enforcement was based on the ijtihad of 'Umar (may Allah have mercy on him) , and adhering to the correct Sunnah is preferable to the ijtihad of 'Umar and others, and is more lenient and beneficial for the Ummah. This is supported by what Imam Ahmad ibn Hanbal narrated in the Musnad with a good chain from Ibn 'Abbas that Abu Rakanah divorced his wife three times, and he grieved for her, so the Prophet (peace and blessings be upon him) took her back to him and said:.
Third: A man in a state of extreme anger said to his wife, "I have divorced you three times." He is now regretting this and wants to take her back. What is the legal ruling in this case?
Answer: Divorce in a state of extreme anger does not take effect, whether it is three or one, according to the most correct of the scholars' opinions, if it is established that the claim is valid based on the apparent circumstances from which the divorce arose. However, if the anger caused him to lose his sense such that he did not know what he was doing, then the divorce does not take effect from him by consensus, like a madman or a drunkard who is not sinful. As for the sinful drunkard, the most correct view is that the divorce does not take effect from him while he is intoxicated and his mind is altered, as 'Uthman (may Allah have mercy on him) issued a fatwa to this effect, and a group of scholars held this view, and it is the requirement of the Shari'ah evidence.
And I ask Allah to guide everyone to understanding in His religion and steadfastness upon it, for He is the best to be asked. And peace be upon you and the mercy of Allah and His blessings.
The General President of the Departments of Research
Scientific, Ifta, Da'wah, and Guidance
First: What is the prescribed method of divorce in light of the Qur'an and the Sunnah?
Second: Does pronouncing three divorces in a single session count as one divorce or three?
Third: A man in a state of extreme anger said to his wife, "I have divorced you three times." He is now regretting this and wants to take her back. What is the legal ruling in this case?
Answer: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother M. H., may Allah guide him. Amen.
Peace be upon you, and Allah's mercy and blessings. After that:
I inform you that I have reviewed the paper sent to you containing some questions, and here is its text and the answer:
First: What is the prescribed method of divorce in light of the Qur'an and the Sunnah?
Answer: The prescribed method is for the man to divorce his wife with a single pronouncement while she is pregnant or in a state of purity in which he has not had intercourse with her; based on the saying of Allah (Glorified and Exalted is He) :
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period
يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّIn the two Sahihs, it is narrated from Ibn 'Umar (may Allah be pleased with him and his father) that he divorced his wife while she was menstruating. 'Umar (may Allah have mercy on him) mentioned this to the Prophet (peace and blessings be upon him), who was displeased with it and said:
Tell him to take her back, then let him hold her until she becomes pure, then she will menstruate, then become pure, then let him divorce her if he wishes before he touches her. That is the waiting period that Allah commanded for women to be divorced.
مره فليراجعها ثم ليمسكها حتى تطهر ثم تحيض تم تطهر تم يطلقها إن شاء قبل أن يمسها فتلك العدة التي أمر الله أن تطلق لها النساءthen let him divorce her while she is pure or pregnant.
ثم ليطلقها طاهرًا أو حاملًاSecond: Does pronouncing three divorces in a single session count as one divorce or three?
Answer: Pronouncing three divorces with a single phrase is considered one divorce according to the most correct of the scholars' opinions; based on what is established in Sahih Muslim from Ibn 'Abbas (may Allah be pleased with him and his father) who said: "During the time of the Prophet (peace and blessings be upon him), the time of Abu Bakr, and two years of the caliphate of 'Umar (may Allah be pleased with him), three divorces were considered one. Then 'Umar (may Allah have mercy on him) said: 'The people have hastened in a matter in which they used to be patient. If we were to enforce it upon them, we would do so.' So he enforced it upon them." It is clear from this that its enforcement was based on the ijtihad of 'Umar (may Allah have mercy on him) , and adhering to the correct Sunnah is preferable to the ijtihad of 'Umar and others, and is more lenient and beneficial for the Ummah. This is supported by what Imam Ahmad ibn Hanbal narrated in the Musnad with a good chain from Ibn 'Abbas that Abu Rakanah divorced his wife three times, and he grieved for her, so the Prophet (peace and blessings be upon him) took her back to him and said:
It is one
إنها واحدةThird: A man in a state of extreme anger said to his wife, "I have divorced you three times." He is now regretting this and wants to take her back. What is the legal ruling in this case?
Answer: Divorce in a state of extreme anger does not take effect, whether it is three or one, according to the most correct of the scholars' opinions, if it is established that the claim is valid based on the apparent circumstances from which the divorce arose. However, if the anger caused him to lose his sense such that he did not know what he was doing, then the divorce does not take effect from him by consensus, like a madman or a drunkard who is not sinful. As for the sinful drunkard, the most correct view is that the divorce does not take effect from him while he is intoxicated and his mind is altered, as 'Uthman (may Allah have mercy on him) issued a fatwa to this effect, and a group of scholars held this view, and it is the requirement of the Shari'ah evidence.
And I ask Allah to guide everyone to understanding in His religion and steadfastness upon it, for He is the best to be asked. And peace be upon you and the mercy of Allah and His blessings.
The General President of the Departments of Research
Scientific, Ifta, Da'wah, and Guidance
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.