Ruling on the statement: "If you go out with us, you are not under my protection"
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother, the esteemed President of the 'Ara'ar Court and its dependencies, may Allah guide you to all good, amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O Beloved: I have reviewed the attached copy of the record, issued by your dictation on 5/9/1390 AH, which was sent to me with the letter of the brother A. F. 'A., dated 5/9/1390 AH, in response to my letter addressed to him, number 1356, dated 4/8/1390 AH.
I understood what your eminence recorded regarding the nature of the divorce pronounced by the husband, the aforementioned A., upon his wife. He said to her: "If you go out with us, you are not under my protection." His intention was to prevent her from going out with him in his car to the desert, not to prevent her from going out with others. She went out to the desert with others without his knowledge. He had said to her a year before this incident: "You are divorced." Then, on the third occasion, when he wanted to discipline one of his children, he said to her: "O woman, leave me alone, you are divorced three times." He took her back immediately, and his ex-wife confirmed the nature of the aforementioned divorce and his taking her back.
Answer: Based on what has been mentioned, I issued a ruling to the aforementioned husband that two divorces have occurred regarding his aforementioned wife: one by his statement "You are divorced," and the other by his statement "You are divorced three times." His taking her back is valid, because it is authentically reported from the Messenger of Allah (peace and blessings be upon him) what indicates that his pronouncing three divorces in one statement is considered one divorce, as is clear.
As for his statement: "If you go out with us, you are not under my protection," nothing results from it, because his intention was only to prevent her from going out with him, and she did not go out with him. He did not intend to prevent her from going out with the person she went out with, and actions are judged by intentions.
I hope you will inform everyone of this, and order the husband to repent from his pronouncing three divorces, as it is a forbidden 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 the mercy of Allah and His blessings. After that:
O Beloved: I have reviewed the attached copy of the record, issued by your dictation on 5/9/1390 AH, which was sent to me with the letter of the brother A. F. 'A., dated 5/9/1390 AH, in response to my letter addressed to him, number 1356, dated 4/8/1390 AH.
I understood what your eminence recorded regarding the nature of the divorce pronounced by the husband, the aforementioned A., upon his wife. He said to her: "If you go out with us, you are not under my protection." His intention was to prevent her from going out with him in his car to the desert, not to prevent her from going out with others. She went out to the desert with others without his knowledge. He had said to her a year before this incident: "You are divorced." Then, on the third occasion, when he wanted to discipline one of his children, he said to her: "O woman, leave me alone, you are divorced three times." He took her back immediately, and his ex-wife confirmed the nature of the aforementioned divorce and his taking her back.
Answer: Based on what has been mentioned, I issued a ruling to the aforementioned husband that two divorces have occurred regarding his aforementioned wife: one by his statement "You are divorced," and the other by his statement "You are divorced three times." His taking her back is valid, because it is authentically reported from the Messenger of Allah (peace and blessings be upon him) what indicates that his pronouncing three divorces in one statement is considered one divorce, as is clear.
As for his statement: "If you go out with us, you are not under my protection," nothing results from it, because his intention was only to prevent her from going out with him, and she did not go out with him. He did not intend to prevent her from going out with the person she went out with, and actions are judged by intentions.
I hope you will inform everyone of this, and order the husband to repent from his pronouncing three divorces, as it is a forbidden 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.