The Ruling on Pronouncing Three Divorces in a Single Utterance
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother, the esteemed judge of Hijaz Balqarn, 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 (85), dated 14/1/1393 AH, has been received, may Allah guide you to the right path. This is its text: We refer you to your letter number (1960), dated 1/11/1392 AH, regarding the husband and his wife. We inform you that the husband appeared, along with the wife's guardian, and the wife also appeared. After their presence, the one who pronounced the divorce was questioned about the divorce he had issued, and whether any divorce had preceded it or followed it regarding his wife, or if anything else had occurred other than what he had issued. He answered by saying: "I had previously divorced my wife with a single pronouncement only. Then I remained in my seat for five minutes, and I added to that by pronouncing a triple divorce with a single word and a single phrase. Nothing else has occurred from me regarding her, neither before nor after what I have mentioned above." The wife's guardian also affirmed that he did not witness the divorce and did not hear anything, except that he has evidence of the divorce, namely two witnesses and people present with them. The wife also appeared and was questioned about the divorce her husband pronounced upon her. She answered by saying: "I did not hear any divorce from my husband. Rather, he came to me one morning, a period of three years ago, and said: 'Go to your family.' I went to my family, and I wish to return with my husband and my children if there is no obstacle." The response from the deputy has been received, as mentioned below his signature and seal, according to what the husband stated and provided, as is clear from the attachments. Therefore, the case was referred back to your eminence. End of text.
Answer: Based on this, I issued a fatwa to the husband that two pronouncements of divorce have occurred regarding his wife: the first with a single pronouncement, and the second with a triple 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 with its conditions considered valid by the Shari'ah, provided the second witness corroborates him in this. It is authentically reported from the Prophet (peace and blessings be upon him) what indicates that pronouncing a triple divorce with a single word is considered a single pronouncement, as is not hidden.
I hope your eminence will complete the necessary procedures and notify everyone of the aforementioned fatwa, and order the husband to repent from his triple divorce, as it is a reprehensible divorce, as your eminence knows. May Allah reward you and thank you for your efforts. If the aforementioned witness contradicts him in this, then suspend this fatwa, and inform us of what is established with you. May you be rewarded with good.
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 (85), dated 14/1/1393 AH, has been received, may Allah guide you to the right path. This is its text: We refer you to your letter number (1960), dated 1/11/1392 AH, regarding the husband and his wife. We inform you that the husband appeared, along with the wife's guardian, and the wife also appeared. After their presence, the one who pronounced the divorce was questioned about the divorce he had issued, and whether any divorce had preceded it or followed it regarding his wife, or if anything else had occurred other than what he had issued. He answered by saying: "I had previously divorced my wife with a single pronouncement only. Then I remained in my seat for five minutes, and I added to that by pronouncing a triple divorce with a single word and a single phrase. Nothing else has occurred from me regarding her, neither before nor after what I have mentioned above." The wife's guardian also affirmed that he did not witness the divorce and did not hear anything, except that he has evidence of the divorce, namely two witnesses and people present with them. The wife also appeared and was questioned about the divorce her husband pronounced upon her. She answered by saying: "I did not hear any divorce from my husband. Rather, he came to me one morning, a period of three years ago, and said: 'Go to your family.' I went to my family, and I wish to return with my husband and my children if there is no obstacle." The response from the deputy has been received, as mentioned below his signature and seal, according to what the husband stated and provided, as is clear from the attachments. Therefore, the case was referred back to your eminence. End of text.
Answer: Based on this, I issued a fatwa to the husband that two pronouncements of divorce have occurred regarding his wife: the first with a single pronouncement, and the second with a triple 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 with its conditions considered valid by the Shari'ah, provided the second witness corroborates him in this. It is authentically reported from the Prophet (peace and blessings be upon him) what indicates that pronouncing a triple divorce with a single word is considered a single pronouncement, as is not hidden.
I hope your eminence will complete the necessary procedures and notify everyone of the aforementioned fatwa, and order the husband to repent from his triple divorce, as it is a reprehensible divorce, as your eminence knows. May Allah reward you and thank you for your efforts. If the aforementioned witness contradicts him in this, then suspend this fatwa, and inform us of what is established with you. May you be rewarded with good.
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.