The Ruling on Divorce by Three in a Single Utterance
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Question:
A message has reached the program from one of the listening brothers, who indicated his name with the letters (A. H. B). He is Sudanese and works in Bahra al-Mujahideen, on the old road to Makkah. His message is somewhat lengthy. He says: Four years ago, I was in Sudan with my family and my wife. A dispute arose between my wife and my mother, and I ordered my wife to make peace with my mother. She refused to make peace with her, so I swore an oath over her and said: If you do not go to your mother-in-law and make peace with her, you are divorced three times. I said this in one go. After this divorce, she did not go to her mother-in-law, and I sent her back to her family; she is my cousin. After three days, I went to a shaykh in the village, who is of a high level of jurisprudence, and informed him of what had happened. He said: This wife is considered divorced once, according to the opinion of the majority of scholars. He told me: These divorces are considered one, because you did not intend the divorce in the first place. I ask you to guide me regarding this matter. May Allah reward you with good. I should mention that I have two children from her.
Answer:
If the divorce was as you said: with a single phrase and a single word, where you said: "You are divorced three times," or "You are divorced three times," then the one who issued the fatwa to you that it is one divorce is correct, according to the stronger opinion. It is established from the Prophet (peace and blessings be upon him) in the hadith of Ibn 'Abbas (may Allah be pleased with them both): that divorce in the time of the Prophet (peace and blessings be upon him), regarding the three divorces, was considered one during his time (peace and blessings be upon him) and during the time of al-Siddiq, and in the early part of 'Umar's caliphate. Ibn 'Abbas said: "Divorce in the time of the Prophet (peace and blessings be upon him) and in the time of al-Siddiq, and for two years of 'Umar's caliphate, the three divorces were considered one." So if you said: "Divorced three times," or "Divorced three times," then it is considered one, as this jurist issued the fatwa to you, and may Allah reward him with good.
However, the point is not that you did not intend the divorce. The point is that you divorced with a single phrase, saying: "Divorced three times." When a person explicitly states divorce, even if he did not intend it, he is held to his words. Intention is only relevant in allusive expressions that are not explicit. But if the husband explicitly states divorce, he is held to his words, and the ruling of divorce is applied to him according to what he uttered. However, in this case, you are also asking about your intention. Was your intention to threaten her and urge her to make peace with your mother, and you did not want to effect the divorce, but only wanted to threaten her? If so, then nothing takes place by this, according to the correct opinion. It is sufficient for him to pay the expiation for an oath, and it has the ruling of an oath. In the most correct of the two opinions of the scholars, this is feeding ten poor people, or clothing them, or freeing a slave. Whoever is unable to do so fasts for three days. This is if the intention was to threaten her, warn her, and urge her to make peace.
As for if your intention with this divorce, along with the warning and threat, was to effect the divorce if she did not go to her mother, then it takes place as one divorce, as mentioned previously, due to the aforementioned hadith. The majority hold that the three divorces take place. Most scholars hold that the three divorces take place, but the correct view is that only one takes place, if you intended to effect the divorce if she did not make peace with her mother and go to her.
We advise you not to do this again. Do not rush into divorce. If you divorce, divorce only once. Say: "Divorced" only, or "Divorced" only. Do not add to this. This is what is prescribed, because the Prophet (peace and blessings be upon him) became angry with those who divorced three times, and said:Sunan an-Nasa'i 3401Sahih (Darussalam) Therefore, it is not permissible, and it is not allowed to divorce three times. Furthermore, it is tightening things upon yourself, and Allah has made things easy for you, so it is not permissible for you to divorce three times. Rather, divorce once. We ask Allah for guidance for everyone. Yes.
The presenter : O Allah, amen. May Allah reward you with good.
A message has reached the program from one of the listening brothers, who indicated his name with the letters (A. H. B). He is Sudanese and works in Bahra al-Mujahideen, on the old road to Makkah. His message is somewhat lengthy. He says: Four years ago, I was in Sudan with my family and my wife. A dispute arose between my wife and my mother, and I ordered my wife to make peace with my mother. She refused to make peace with her, so I swore an oath over her and said: If you do not go to your mother-in-law and make peace with her, you are divorced three times. I said this in one go. After this divorce, she did not go to her mother-in-law, and I sent her back to her family; she is my cousin. After three days, I went to a shaykh in the village, who is of a high level of jurisprudence, and informed him of what had happened. He said: This wife is considered divorced once, according to the opinion of the majority of scholars. He told me: These divorces are considered one, because you did not intend the divorce in the first place. I ask you to guide me regarding this matter. May Allah reward you with good. I should mention that I have two children from her.
Answer:
If the divorce was as you said: with a single phrase and a single word, where you said: "You are divorced three times," or "You are divorced three times," then the one who issued the fatwa to you that it is one divorce is correct, according to the stronger opinion. It is established from the Prophet (peace and blessings be upon him) in the hadith of Ibn 'Abbas (may Allah be pleased with them both): that divorce in the time of the Prophet (peace and blessings be upon him), regarding the three divorces, was considered one during his time (peace and blessings be upon him) and during the time of al-Siddiq, and in the early part of 'Umar's caliphate. Ibn 'Abbas said: "Divorce in the time of the Prophet (peace and blessings be upon him) and in the time of al-Siddiq, and for two years of 'Umar's caliphate, the three divorces were considered one." So if you said: "Divorced three times," or "Divorced three times," then it is considered one, as this jurist issued the fatwa to you, and may Allah reward him with good.
However, the point is not that you did not intend the divorce. The point is that you divorced with a single phrase, saying: "Divorced three times." When a person explicitly states divorce, even if he did not intend it, he is held to his words. Intention is only relevant in allusive expressions that are not explicit. But if the husband explicitly states divorce, he is held to his words, and the ruling of divorce is applied to him according to what he uttered. However, in this case, you are also asking about your intention. Was your intention to threaten her and urge her to make peace with your mother, and you did not want to effect the divorce, but only wanted to threaten her? If so, then nothing takes place by this, according to the correct opinion. It is sufficient for him to pay the expiation for an oath, and it has the ruling of an oath. In the most correct of the two opinions of the scholars, this is feeding ten poor people, or clothing them, or freeing a slave. Whoever is unable to do so fasts for three days. This is if the intention was to threaten her, warn her, and urge her to make peace.
As for if your intention with this divorce, along with the warning and threat, was to effect the divorce if she did not go to her mother, then it takes place as one divorce, as mentioned previously, due to the aforementioned hadith. The majority hold that the three divorces take place. Most scholars hold that the three divorces take place, but the correct view is that only one takes place, if you intended to effect the divorce if she did not make peace with her mother and go to her.
We advise you not to do this again. Do not rush into divorce. If you divorce, divorce only once. Say: "Divorced" only, or "Divorced" only. Do not add to this. This is what is prescribed, because the Prophet (peace and blessings be upon him) became angry with those who divorced three times, and said:
Is the Book of Allah being toyed with while I am still among you?
أيلعبب بكتاب الله وأنا بين أظهركمThe presenter : O Allah, amen. May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.