The Triple Divorce Pronounced in a Single Utterance Constitutes a Single Divorce
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother, the esteemed President of the Jawf Court, may Allah guide him to what is good. Amen.
Peace be upon you, and Allah's mercy and blessings. After that:
O Beloved, your noble letter number (1976), dated 6/10/1394 AH, has reached us, may Allah guide you. Its text is as follows: "We are sending you the summons submitted to us by the husband, registered with us under number (2878) on 5/10/1394 AH, requesting a fatwa regarding what occurred between him and his wife. The summoned party was brought to the court session together with the aforementioned wife and her guardian, her brother, and everyone was asked about the nature of the incident and whether any divorce had occurred between them prior to this or after it. The husband stated that when his wife disobeyed his order, he said to her: 'You are (divorced)' three times, in a single utterance. She and her guardian denied hearing what he said, and they stated that they desire her return to her husband, if the Shari'ah permits it. The husband affirmed that he had not previously divorced the aforementioned wife, nor did he do so afterward. Also present in the same session were M. and 'A., known to us, who testified by the Great Allah that the husband had them witness in the third month of this year that he had taken back his wife. Since the aspect of the fatwa regarding the number of divorces was not clear to us, and given the desire of the couple for reconciliation that we perceived, we saw fit to present the matter to your eminence to issue a fatwa to them in what you deem consistent with the Prophetic Sunnah." End of text.
Answer: Based on this, I issued a fatwa to the aforementioned husband that a single divorce has taken effect on the aforementioned wife through his aforementioned divorce, and his taking her back is valid, provided that the woman and her guardian are truthful in stating that he did not divorce her twice, neither before nor after; and that the taking back occurred while she was still in the waiting period. I hope you will complete the necessary procedures and notify everyone of the aforementioned fatwa, and order the husband to repent from his divorce, as 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 (1976), dated 6/10/1394 AH, has reached us, may Allah guide you. Its text is as follows: "We are sending you the summons submitted to us by the husband, registered with us under number (2878) on 5/10/1394 AH, requesting a fatwa regarding what occurred between him and his wife. The summoned party was brought to the court session together with the aforementioned wife and her guardian, her brother, and everyone was asked about the nature of the incident and whether any divorce had occurred between them prior to this or after it. The husband stated that when his wife disobeyed his order, he said to her: 'You are (divorced)' three times, in a single utterance. She and her guardian denied hearing what he said, and they stated that they desire her return to her husband, if the Shari'ah permits it. The husband affirmed that he had not previously divorced the aforementioned wife, nor did he do so afterward. Also present in the same session were M. and 'A., known to us, who testified by the Great Allah that the husband had them witness in the third month of this year that he had taken back his wife. Since the aspect of the fatwa regarding the number of divorces was not clear to us, and given the desire of the couple for reconciliation that we perceived, we saw fit to present the matter to your eminence to issue a fatwa to them in what you deem consistent with the Prophetic Sunnah." End of text.
Answer: Based on this, I issued a fatwa to the aforementioned husband that a single divorce has taken effect on the aforementioned wife through his aforementioned divorce, and his taking her back is valid, provided that the woman and her guardian are truthful in stating that he did not divorce her twice, neither before nor after; and that the taking back occurred while she was still in the waiting period. I hope you will complete the necessary procedures and notify everyone of the aforementioned fatwa, and order the husband to repent from his divorce, as 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.