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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on one who divorces his wife three times with a single phrase

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This is a letter we received from the city of Ha'il from the sender: (H. J. 'A. F). He says in it: To the honorable presenter of the program "Light on the Path": Peace be upon you, and Allah's mercy and blessings. As for what follows: I hope to present my problem to one of the Shaykhs, and I hope it will be His Eminence Shaykh: 'Abd al-'Aziz ibn Baz, may Allah reward us for him. It is as follows:
I am a young married man, twenty-five years old, and I married my cousin, and she bore me a son. However, a severe disagreement occurred between us. I asked her to go with me, but she refused and insisted on her refusal. I became very angry with her and said to her: If she does not go with me, she is divorced. I tried to make her go with me, but she refused a second time. At that time, I became angry and agitated and said: Tell her she is divorced three times. After three days had passed since her divorce, I took two witnesses that I had taken her back into my marital guardianship. Now, about five months have passed, and we have not been together. Is it permissible for me to take her back after this period? Please inform us, may Allah reward you. Know that I was out of my mind during the incident.
Answer: This question is important, and its answer can be given now, and it can also be answered by correspondence. The answer now is to say: If his intention with the divorce regarding his going was that if she did not go with him, his intention was to frighten her and his intention was to urge her to agree, and he did not intend to separate from her, but rather he wanted to prevent her from lagging behind, and he wanted her to go with him, but she defied him, then this is in the ruling of an oath, and upon him is the expiation of the oath for that, and the divorce does not take effect.
As for his last divorce, his saying "You are divorced three times," this results in one divorce, according to the correct opinion of the scholars, because it is established in the authentic hadith that Ibn 'Abbas (may Allah be pleased with him and his father) said: "The divorce in the time of the Prophet (peace and blessings be upon him), the time of al-Siddiq Abu Bakr, and the time of 'Umar (may Allah have mercy on him) in the beginning of his caliphate, three divorces were one. Then 'Umar said: The people have hastened in a matter in which they used to be patient, so if we were to implement it for them, he implemented it for them" by his ijtihad (independent legal reasoning) and what pleased him.
The correct view is that it is considered one. Three divorces with one word, if he says: She is divorced three times, or he says: You are divorced three times, or so-and-so is divorced three times, the correct view is that it is made one. This is the considered and relied-upon view among a group of the people of knowledge, and it is the stronger of the opinions of the scholars in that matter.
So, if this questioner divorced her three times with a single phrase, it is considered one divorce. If he took her back during the waiting period, she is his wife. If the waiting period passed before he took her back, she does not become lawful to him except with a new marriage, with the conditions considered valid by the Shari'ah. If there is a problem in this, he should write to me about it, and I will, if Allah wills, refer them to the honorable judge of the city where they are, and he will write down the words of everyone, and we will look into it, if Allah wills. Yes.
The presenter: This letter was received from the listener who says: Your son 'Abd al-Rahman Muhammad al-'Asiri from France: Praise be to Allah...
The Shaykh: This should be conveyed to him in better writing.
The presenter: Yes.
The Shaykh: Convey it to him. I am afraid this young man will not hear the words here. Convey it to him by writing to him. Yes.
The presenter: If Allah wills.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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