Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

The detailed explanation of the triple divorce and the indication of the stronger opinion therein.

Machine translationRead the Arabic original
The Shaykh : The triple divorce has three aspects. The first aspect is that it is the final divorce, meaning he divorced her once, then took her back or contracted a new marriage if it was after the waiting period, then divorced her a second time, took her back or contracted a new marriage if it was after the end of the waiting period, then divorced her a third time. In this case, there is no doubt that the woman is divorced irrevocably in the third instance by explicit text and scholarly consensus, and no one disagrees with this, due to the saying of Allah the Exalted:
The divorce is twice الطلاق مرتان
meaning one time after another,
either keep [her] in an acceptable manner or release [her] with good treatment فإمساك بمعروف أو تسريح بإحسان
[Al-Baqarah 2:229]
up to His saying:
If he divorces her فإن طلقها
meaning the third,
she is not lawful to him afterward until [after] she marries a husband other than him فلا تحل له من بعد حتى تنكح زوجا غيره
[Al-Baqarah 2:230]
The second aspect is when he says, "You are divorced three times." This is a matter of disagreement among scholars. Some said that she is divorced three times, and some said that she is not divorced except once, because "three" means irrevocable divorce, and divorce is either irrevocable or not, not according to the intention of the person, but according to the legislation of Allah. It is known that it does not become irrevocable except if it is repeated, what? Three times. Accordingly, his saying "three" is nullified, just as if he said, "Glory be to Allah, praise be to Allah, and Allah is the Greatest" thirty-three times, would that suffice for the count? No, it does not suffice. This is similar to that, and this is clear. This is the ruling issued currently in the Department of Ifta in the Kingdom of Saudi Arabia. The third aspect is that he repeats the word "divorced" only, by saying, "You are divorced, divorced, divorced." This results in one divorce, even according to the school of thought, unless he intends the three, in which case the divorce occurs three times. There is a fourth aspect: that he repeats the sentence, saying, "You are divorced, you are divorced, you are divorced." This is also a matter of disagreement among scholars. Most of them are of the opinion that it is an irrevocable divorce, because each sentence is independent, unless she has not been consummated with, in which case she is divorced irrevocably a fortiori, and the second sentence remains applicable to someone who is not a wife and not in a waiting period for reconciliation. Or if he intended emphasis, by saying, "I intended by my saying 'you are divorced, you are divorced, you are divorced' to emphasize the first sentence with the second, and the second with the third," in this case, it also does not occur except once. Or if he intended clarification, meaning clarifying to the wife, by saying, "You are divorced," and she said, "What are you saying?" and he said, "You are divorced," and she said, "What are you saying?" and he said, "You are divorced," intending thereby clarification, then it does not occur except once. The Shaykh al-Islam (may Allah have mercy on him) chose that it does not occur except once, even if he intended the divorce. This opinion is the stronger one, based on the evidence that will be mentioned, that it does not occur except once, because if he says, "You are divorced," she is divorced. If he says, "You are divorced" a second time, it is not valid, because the second sentence is directed at a divorced woman, so it cannot be anything but emphasis or nonsense. As for it being a valid establishment, that is not the case. I have previously referred to something of this before one or two lessons, and we clarified that the opinion that it occurs three times is a weak opinion, because it contradicts His saying, the Exalted:
then divorce them during their waiting period فطلقوهن لعدتهن
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas