The Ruling on One Who Divorces with Three Pronouncements with the Intention of Separation
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother, the esteemed President of the Greater Dammam Court and its dependencies, may Allah grant him safety and take care of him, amen.
Peace be upon you, and Allah's mercy and blessings. After that:
O Beloved, your noble letter number (2503/2) dated 6/9/1392 AH has been received, may Allah guide you, and we have learned of its contents. I have reviewed the attached document, issued by the dictation of your esteemed judicial assistant, in which he recorded the nature of the divorce that occurred from the husband, E., to his wife. I found that it states that the aforementioned husband divorced his wife with one pronouncement, a divorce in accordance with the Sunnah, and then took her back. Then he divorced her with two pronouncements using a single phrase, intending thereby to complete the three and to separate her.
Answer: Based on this, what I see is that only one pronouncement takes effect from his aforementioned divorce, and he may take her back as long as she is in the waiting period; because combining the second and third pronouncements with a single word is like combining the three; for in both cases he hastened to do what he has no right to do, and did what is forbidden upon him. It is authentically reported from the Prophet (peace and blessings be upon him) from the hadith of Ibn 'Abbas (may Allah be pleased with them both) what indicates that three pronouncements made with a single phrase are considered one pronouncement. So likewise is the pronouncement of the remaining two with a single phrase. And by that, two pronouncements have taken effect on the aforementioned wife, and one pronouncement remains for her.
I hope you will inform everyone of this, and order her husband to repent from his last divorce, because it is a reprehensible divorce, like pronouncing the three.
May Allah reward your efforts and bless your endeavors. As for his intention to separate, it is not to be relied upon; because it has no effect in this context, as is not hidden.
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 (2503/2) dated 6/9/1392 AH has been received, may Allah guide you, and we have learned of its contents. I have reviewed the attached document, issued by the dictation of your esteemed judicial assistant, in which he recorded the nature of the divorce that occurred from the husband, E., to his wife. I found that it states that the aforementioned husband divorced his wife with one pronouncement, a divorce in accordance with the Sunnah, and then took her back. Then he divorced her with two pronouncements using a single phrase, intending thereby to complete the three and to separate her.
Answer: Based on this, what I see is that only one pronouncement takes effect from his aforementioned divorce, and he may take her back as long as she is in the waiting period; because combining the second and third pronouncements with a single word is like combining the three; for in both cases he hastened to do what he has no right to do, and did what is forbidden upon him. It is authentically reported from the Prophet (peace and blessings be upon him) from the hadith of Ibn 'Abbas (may Allah be pleased with them both) what indicates that three pronouncements made with a single phrase are considered one pronouncement. So likewise is the pronouncement of the remaining two with a single phrase. And by that, two pronouncements have taken effect on the aforementioned wife, and one pronouncement remains for her.
I hope you will inform everyone of this, and order her husband to repent from his last divorce, because it is a reprehensible divorce, like pronouncing the three.
May Allah reward your efforts and bless your endeavors. As for his intention to separate, it is not to be relied upon; because it has no effect in this context, as is not hidden.
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.