The Ruling on One Who Is Uncertain About the Number of Divorces
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother, the esteemed head of the Dalim Court, may Allah guide him to all that is good. Amen.
Peace be upon you, and Allah's mercy and blessings. After that:
O Beloved, your noble letter dated 4/8/1388 AH reached me, may Allah guide you. I understood what your eminence recorded regarding the nature of the divorce pronounced by the husband, M. 'A., on his wife. It is that he divorced her with three divorces in a single word, which makes her forbidden to him according to the statement of his brother-in-law. As for the husband, he did not know the nature of what he pronounced: whether he divorced her with a single divorce or with three, as he admitted to me.
Answer: Based on this, and on the husband's admission that he had not divorced her before, and on his brother-in-law's admission that he does not know that he divorced her except as mentioned, I issued a ruling to the aforementioned husband that a single divorce has taken effect on the aforementioned wife through the divorce mentioned, whether what actually occurred was what he admitted to or what his brother-in-law claimed. He may take her back as long as she is in the waiting period, because it is authentically reported from the Prophet (peace and blessings be upon him) what indicates this, as is not hidden. As for his statement, "she is forbidden to him," it is a statement attached to the divorce, explaining it, and nothing is entailed by it. The husband did not confirm it. Therefore, I hope your eminence will inform everyone of this and complete the necessary procedures regarding the taking back.
May Allah reward you and guide your steps. 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 dated 4/8/1388 AH reached me, may Allah guide you. I understood what your eminence recorded regarding the nature of the divorce pronounced by the husband, M. 'A., on his wife. It is that he divorced her with three divorces in a single word, which makes her forbidden to him according to the statement of his brother-in-law. As for the husband, he did not know the nature of what he pronounced: whether he divorced her with a single divorce or with three, as he admitted to me.
Answer: Based on this, and on the husband's admission that he had not divorced her before, and on his brother-in-law's admission that he does not know that he divorced her except as mentioned, I issued a ruling to the aforementioned husband that a single divorce has taken effect on the aforementioned wife through the divorce mentioned, whether what actually occurred was what he admitted to or what his brother-in-law claimed. He may take her back as long as she is in the waiting period, because it is authentically reported from the Prophet (peace and blessings be upon him) what indicates this, as is not hidden. As for his statement, "she is forbidden to him," it is a statement attached to the divorce, explaining it, and nothing is entailed by it. The husband did not confirm it. Therefore, I hope your eminence will inform everyone of this and complete the necessary procedures regarding the taking back.
May Allah reward you and guide your steps. 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.
