Ruling on Repeating Divorce with the Intention of Final Separation
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother, the virtuous Shaykh, Deputy Head of the Jizan Courts, may Allah grant him success in all good, amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O Beloved: Your noble letter, number 535, dated 9/9/1390 AH, which is a response to my letter, number 1410, dated 10/8/1390 AH, has reached you, may Allah guide you, and I have reviewed the attached record, which contains your confirmation of the nature of the divorce pronounced by the husband, E., upon his wife. He said to her after a quarrel broke out between him and her brother: "You are divorced. You are divorced. You are divorced three times," verbally expressing the intention three times.
Answer: Since this is what actually occurred from the aforementioned person, his saying "three times" after saying "You are divorced. You are divorced. You are divorced" indicates that he intended the three divorces with multiple phrases. Therefore, I do not see any way for him to return to the aforementioned wife until she marries another husband; a marriage of desire, not a marriage for the purpose of reconciliation, and he must have intercourse with her, as is clear. I hope you will inform everyone of this. 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: Your noble letter, number 535, dated 9/9/1390 AH, which is a response to my letter, number 1410, dated 10/8/1390 AH, has reached you, may Allah guide you, and I have reviewed the attached record, which contains your confirmation of the nature of the divorce pronounced by the husband, E., upon his wife. He said to her after a quarrel broke out between him and her brother: "You are divorced. You are divorced. You are divorced three times," verbally expressing the intention three times.
Answer: Since this is what actually occurred from the aforementioned person, his saying "three times" after saying "You are divorced. You are divorced. You are divorced" indicates that he intended the three divorces with multiple phrases. Therefore, I do not see any way for him to return to the aforementioned wife until she marries another husband; a marriage of desire, not a marriage for the purpose of reconciliation, and he must have intercourse with her, as is clear. I hope you will inform everyone of this. 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.