Ruling on the one who says to his wife: “Divorced, divorced, divorced,” three times without the right of taking her back
Machine translationRead the Arabic original
Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother, the virtuous Shaykh, the judge of the Jizan Court, may Allah grant him understanding in all good, amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O Beloved: Your noble letter, number 1253, dated 23/6/1392 AH, has reached you, may Allah guide you. This is its text: “And after this, we are sending to your Excellency, enclosed, the summons presented to us by the husband, referred to as 'A. M., which states that a dispute occurred between him and his wife, which led him to divorce her by virtue of the attached document. His divorce of her was in a state of emotional agitation; for he is afflicted with nervous episodes, as stated in his summons. He intends by the word 'divorced,' the second and third 'divorced,' to be an affirmation of the first, and he did not intend to make her forbidden to him in any way. It has not preceded that he divorced his wife before this time, nor after it.
We hope that your Excellency will review the divorce issued by the petitioner to the aforementioned wife, and inform the questioner of what you see.” End.
Answer: Based on that, I inform you: I do not see a way for her [to return to him] until she marries another husband; because he affirmed his statement: “Divorced. Divorced. Divorced” with his statement: “Three times without the right of taking her back.” This indicates his intention to effect the three divorces, and that he did not intend affirmation by the second and third words, as is clear.
So I hope you will notify him and the woman's guardian of this. May Allah reward your efforts, and bless your endeavors, and replace each of them with something better than the other.
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: Your noble letter, number 1253, dated 23/6/1392 AH, has reached you, may Allah guide you. This is its text: “And after this, we are sending to your Excellency, enclosed, the summons presented to us by the husband, referred to as 'A. M., which states that a dispute occurred between him and his wife, which led him to divorce her by virtue of the attached document. His divorce of her was in a state of emotional agitation; for he is afflicted with nervous episodes, as stated in his summons. He intends by the word 'divorced,' the second and third 'divorced,' to be an affirmation of the first, and he did not intend to make her forbidden to him in any way. It has not preceded that he divorced his wife before this time, nor after it.
We hope that your Excellency will review the divorce issued by the petitioner to the aforementioned wife, and inform the questioner of what you see.” End.
Answer: Based on that, I inform you: I do not see a way for her [to return to him] until she marries another husband; because he affirmed his statement: “Divorced. Divorced. Divorced” with his statement: “Three times without the right of taking her back.” This indicates his intention to effect the three divorces, and that he did not intend affirmation by the second and third words, as is clear.
So I hope you will notify him and the woman's guardian of this. May Allah reward your efforts, and bless your endeavors, and replace each of them with something better than the other.
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.