Ruling on saying: “(You are divorced the number of palm fronds and grains of sand)”
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Question: From Abdulaziz ibn Abdullah ibn Baz to the honorable brother, the virtuous Shaykh, the Judge of Hijaz al-Qarn, may Allah guide you to all good, amen.
Peace be upon you, and Allah’s mercy and blessings, and after that:
Your esteemed letter, number (1476), dated 1/11/1390 AH, has been received. May Allah guide you. I have reviewed the attached summons submitted to your eminence by M. A. H. regarding his divorce of his wife by saying: “You are divorced the number of palm fronds and grains of sand.” I understand your desire for a fatwa, along with an explanation of the evidence.
Answer: I see that the questioner, and the guardian of his divorced wife, should be asked whether any divorce preceded or followed this one. If they agree that no divorce occurred other than this one, I have issued a fatwa to the aforementioned husband that one divorce has taken effect on his wife through the divorce mentioned. He may return to her through a new marriage with its valid conditions, provided he did not take her back during the waiting period. He must repent for his divorce, as it is a reprehensible divorce, as your eminence knows.
As for the evidence for the validity of this fatwa, it is what is established in Sahih Muslim, from Ibn Abbas (may Allah be pleased with him and his father), who said: “The triple divorce was considered one divorce 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.” This is the hadith. And what came in its meaning from the hadith of Ibn Abbas regarding the story of Abu Rakanah when he divorced three times, so the Prophet (peace and blessings be upon him) issued him a fatwa: It was narrated by Ahmad in al-Musnad with a good chain.
This divorce about which the question was asked is in the ruling of the triple divorce. I hope you will complete the necessary procedures and inform everyone of the aforementioned fatwa. May Allah reward you and thank you for your efforts.
And peace be upon you and the mercy of Allah and His blessings.
Peace be upon you, and Allah’s mercy and blessings, and after that:
Your esteemed letter, number (1476), dated 1/11/1390 AH, has been received. May Allah guide you. I have reviewed the attached summons submitted to your eminence by M. A. H. regarding his divorce of his wife by saying: “You are divorced the number of palm fronds and grains of sand.” I understand your desire for a fatwa, along with an explanation of the evidence.
Answer: I see that the questioner, and the guardian of his divorced wife, should be asked whether any divorce preceded or followed this one. If they agree that no divorce occurred other than this one, I have issued a fatwa to the aforementioned husband that one divorce has taken effect on his wife through the divorce mentioned. He may return to her through a new marriage with its valid conditions, provided he did not take her back during the waiting period. He must repent for his divorce, as it is a reprehensible divorce, as your eminence knows.
As for the evidence for the validity of this fatwa, it is what is established in Sahih Muslim, from Ibn Abbas (may Allah be pleased with him and his father), who said: “The triple divorce was considered one divorce 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.” This is the hadith. And what came in its meaning from the hadith of Ibn Abbas regarding the story of Abu Rakanah when he divorced three times, so the Prophet (peace and blessings be upon him) issued him a fatwa:
It is one
إنها واحدةThis divorce about which the question was asked is in the ruling of the triple divorce. I hope you will complete the necessary procedures and inform everyone of the aforementioned fatwa. May Allah reward you and thank you for your efforts.
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.
