The Ruling on Divorce by Three Successive Pronouncements (with "then")
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Your Eminence, Shaykh 'Abd al-'Aziz ibn 'Abd Allah ibn Baz (may Allah preserve him).
Peace be upon you, and Allah’s mercy and blessings, and after that:
My husband, S. G., and his wife came to see me, along with her father. When the husband was asked about the reasons for the divorce, its wording, his state at the time of the divorce, and his wife's state, he provided the following:
On 25/3/1414 AH, a dispute arose between me and my wife; I hit her because of it. When I left the house, she went to her sister's house, as she could not stay after this beating, since she lives far from her family. When I returned to my home, I did not find her there, nor her children. I went to her sister's house, found her younger brother at the door, and told her to return to the house. She made excuses, saying she was beaten and could not return. My pride overcame me—and I was in a state of extreme anger—so I said to her: "You are divorced, then divorced, then divorced," without knowing the meaning of the wording of the divorce. I took my children from her and returned to my house until reconciliation was achieved.
The divorce occurred while she was in a state of purity in which I had not had intercourse with her. I had never divorced her before, and I did not register this divorce in the court.
When the wife was asked about the validity of what her husband stated, regarding the reasons necessitating the divorce, its wording, and that she was in a state of purity in which he had not had intercourse with her at the time of the divorce, she confirmed that all of this is true. She said that she did not see him at the time of the pronouncement of the divorce, and asked whether he was angry with extreme anger or not, because she was hearing from inside the house door. However, it appeared from his voice and threats that he was angry. She stated that her husband had never divorced her before, and expressed her willingness to return to her husband, on the condition that he does not hit her a second time and treats her well. Her guardian also agreed, if the Shari'ah permits it. She said that she cannot bear being separated from her young children.
This is what was recorded in the interrogation. Peace be upon you and Allah's mercy and blessings.
Answer: And upon you be peace and the mercy of Allah and His blessings. After that:
Based on what the aforementioned husband stated in his attached letter, and on what Your Excellence recorded in this letter, I issued him the following ruling: The aforementioned wife has become permanently divorced from him by the aforementioned divorce with a major final divorce (baynuna kabra), and she is not lawful for him until she marries another husband; a marriage of desire, not a marriage for the purpose of reconciliation. He must have intercourse with her and then separate from her by death or divorce, and she must complete her waiting period; because he exhausted the three pronouncements of divorce while she was in a state of purity in which he had not had intercourse with her.
I hope you will inform everyone of the aforementioned ruling. May Allah reward your efforts.
And peace be upon you and the mercy of Allah and His blessings.
Your loving one, 'Abd al-'Aziz ibn 'Abd Allah ibn Baz
Peace be upon you, and Allah’s mercy and blessings, and after that:
My husband, S. G., and his wife came to see me, along with her father. When the husband was asked about the reasons for the divorce, its wording, his state at the time of the divorce, and his wife's state, he provided the following:
On 25/3/1414 AH, a dispute arose between me and my wife; I hit her because of it. When I left the house, she went to her sister's house, as she could not stay after this beating, since she lives far from her family. When I returned to my home, I did not find her there, nor her children. I went to her sister's house, found her younger brother at the door, and told her to return to the house. She made excuses, saying she was beaten and could not return. My pride overcame me—and I was in a state of extreme anger—so I said to her: "You are divorced, then divorced, then divorced," without knowing the meaning of the wording of the divorce. I took my children from her and returned to my house until reconciliation was achieved.
The divorce occurred while she was in a state of purity in which I had not had intercourse with her. I had never divorced her before, and I did not register this divorce in the court.
When the wife was asked about the validity of what her husband stated, regarding the reasons necessitating the divorce, its wording, and that she was in a state of purity in which he had not had intercourse with her at the time of the divorce, she confirmed that all of this is true. She said that she did not see him at the time of the pronouncement of the divorce, and asked whether he was angry with extreme anger or not, because she was hearing from inside the house door. However, it appeared from his voice and threats that he was angry. She stated that her husband had never divorced her before, and expressed her willingness to return to her husband, on the condition that he does not hit her a second time and treats her well. Her guardian also agreed, if the Shari'ah permits it. She said that she cannot bear being separated from her young children.
This is what was recorded in the interrogation. Peace be upon you and Allah's mercy and blessings.
Answer: And upon you be peace and the mercy of Allah and His blessings. After that:
Based on what the aforementioned husband stated in his attached letter, and on what Your Excellence recorded in this letter, I issued him the following ruling: The aforementioned wife has become permanently divorced from him by the aforementioned divorce with a major final divorce (baynuna kabra), and she is not lawful for him until she marries another husband; a marriage of desire, not a marriage for the purpose of reconciliation. He must have intercourse with her and then separate from her by death or divorce, and she must complete her waiting period; because he exhausted the three pronouncements of divorce while she was in a state of purity in which he had not had intercourse with her.
I hope you will inform everyone of the aforementioned ruling. May Allah reward your efforts.
And peace be upon you and the mercy of Allah and His blessings.
Your loving one, 'Abd al-'Aziz ibn 'Abd Allah ibn Baz
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.