Divorcing one's wife with three pronouncements before consummation
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Question: From Abdul Aziz ibn Abdullah ibn Baz to the honorable brother, the esteemed President of the High Court in Abha, 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 (6961), dated 18/8/1394 AH, has reached us, may Allah guide you. I have reviewed the attached recording transcript, and its text is as follows: "Praise be to Allah alone, and after that, based on the letter received by me, the head of the Greater Court in Abha, from His Eminence the Scholar Shaykh 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, number (1983), dated 11/7/1394 AH, regarding the case of the husband M. A. 'A. and his wife, concerning a misunderstanding, and that he divorced her with three pronouncements in a single phrase, and did not divorce her before or after that. His Eminence ordered the wife and her father to be brought in to verify the details of the actual situation, whether any divorce preceded or followed it, and about her desire to return to him if a legal ruling is found.
So on the day of 16/8/1394 AH, the wife's father, the husband, and the wife came to me, and I asked the wife and her father about what the husband had done regarding the divorce. They answered, saying: We confirm the marriage, except that the wife has not been consummated by her husband until now, and she is still a virgin. They also said: No divorce preceded this divorce, nor followed it. The manner of the divorce is that he divorced his wife with a single phrase of three pronouncements. They also affirmed that they do not object to the ruling and returning to the protection of her husband. This is how they answered." End.
Answer: Based on this, I issued a ruling to the aforementioned husband that one pronouncement of divorce has taken effect on the aforementioned wife due to the divorce mentioned, and he has no right to take her back except through a new marriage with its conditions considered valid by the Shari'ah; because he did not consummate the marriage. It is authentically reported from the Messenger of Allah (peace and blessings be upon him) from the hadith of Ibn 'Abbas (may Allah be pleased with them both) what indicates that divorcing with three pronouncements in a single word is considered one pronouncement of divorce, as is not hidden. So I hope you will inform everyone of the aforementioned ruling, and order the husband to repent from his divorce; because it is a reprehensible divorce, as your Eminence knows. 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. After that:
O Beloved, your noble letter number (6961), dated 18/8/1394 AH, has reached us, may Allah guide you. I have reviewed the attached recording transcript, and its text is as follows: "Praise be to Allah alone, and after that, based on the letter received by me, the head of the Greater Court in Abha, from His Eminence the Scholar Shaykh 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, number (1983), dated 11/7/1394 AH, regarding the case of the husband M. A. 'A. and his wife, concerning a misunderstanding, and that he divorced her with three pronouncements in a single phrase, and did not divorce her before or after that. His Eminence ordered the wife and her father to be brought in to verify the details of the actual situation, whether any divorce preceded or followed it, and about her desire to return to him if a legal ruling is found.
So on the day of 16/8/1394 AH, the wife's father, the husband, and the wife came to me, and I asked the wife and her father about what the husband had done regarding the divorce. They answered, saying: We confirm the marriage, except that the wife has not been consummated by her husband until now, and she is still a virgin. They also said: No divorce preceded this divorce, nor followed it. The manner of the divorce is that he divorced his wife with a single phrase of three pronouncements. They also affirmed that they do not object to the ruling and returning to the protection of her husband. This is how they answered." End.
Answer: Based on this, I issued a ruling to the aforementioned husband that one pronouncement of divorce has taken effect on the aforementioned wife due to the divorce mentioned, and he has no right to take her back except through a new marriage with its conditions considered valid by the Shari'ah; because he did not consummate the marriage. It is authentically reported from the Messenger of Allah (peace and blessings be upon him) from the hadith of Ibn 'Abbas (may Allah be pleased with them both) what indicates that divorcing with three pronouncements in a single word is considered one pronouncement of divorce, as is not hidden. So I hope you will inform everyone of the aforementioned ruling, and order the husband to repent from his divorce; because it is a reprehensible divorce, as your Eminence knows. 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.