What are the rulings on revocable divorce? And what is the ruling on the third pronouncement of divorce if it occurs during the waiting period of the second pronouncement?
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The questioner : The last question, so as not to burden you.
The Shaykh : Hmm.
The questioner : May Allah bless you. This brother, regarding the divorce case, I told him to wait because I had already decided to ask our Shaykh about it.
The Shaykh: Yes.
The questioner : Literally, I had him write it by hand.
The Shaykh : Yes.
The questioner : He says: A few years ago, in the year 1988, I divorced my wife with the first pronouncement. I considered it so after consulting with Dr. al-Kattawi, who in turn consulted Dr. al-Zarqa. I pronounced the divorce on the first day, and then on the second and third days, whenever I remembered what my wife had done. She did not know that I had divorced her. After the consultation with the two professors mentioned, they informed me that it is considered the first pronouncement. About three months ago, I divorced her a second time in her presence. During the waiting period of this pronouncement, I did it between myself and myself, saying words I heard myself say: "I have taken you back, my wife, into my household." Then I pronounced the divorce three times at the same moment, while she was absent during her waiting period. Now that she has returned to her home during her waiting period and I have taken her back, does the third pronouncement, which I pronounced between myself and myself, take effect? Is it considered the third pronouncement? Is my wife now lawful for me? This means the man wrote it in his own handwriting.
The Shaykh : Okay, what I understand is that he consulted the aforementioned scholars.
The questioner: Yes.
The Shaykh : About the first pronouncement, and they counted it, and he thereby accepted it?
The questioner: Yes.
The Shaykh : Is that so?
The questioner : They told me yes. I am not sure exactly what, but I think he accepted the first one. Yes.
The Shaykh : Okay, and the second one as well.
The questioner : Yes!
The Shaykh : I ask, I ask.
The questioner : Yes, yes, yes, my Shaykh.
The Shaykh : I am telling you what I understood.
The questioner : It seems he accepted it. Yes.
The Shaykh : Okay, so let's move to the waiting period of the second pronouncement. He divorced her with the third pronouncement. Is that so?
The questioner : Yes, let me make sure, my Shaykh. He said: "And during the waiting period of this pronouncement." Yes, it is the third. Yes, he said: "And during the waiting period of this pronouncement, I did between myself and myself a divorce." And I think this is the second pronouncement. Yes, this is the second one. Yes.
The Shaykh : During the woman's waiting period from his second pronouncement of divorce.
The questioner: Yes.
The Shaykh : He followed it with a third pronouncement.
The questioner : Yes, that is right.
The Shaykh : Is that so?
The questioner : It seems so, yes, my Shaykh. But this phrase, please, bear with me. May Allah reward you with good, my Shaykh. He said: It means it contains this wording: "And about three months ago, I divorced her a second time in her presence, and during the waiting period of this pronouncement, I did between myself and myself such and such." So what is understood is, as you mentioned, that it was during the waiting period of the second pronouncement.
The Shaykh: All right.
The questioner: Yes.
The Shaykh : And did he consult?
The questioner : Yes, here, no, he has not consulted anyone yet. He means he is consulting you, my Shaykh.
The Shaykh : My answer.
The questioner: Yes.
The Shaykh : If he has not consulted anyone.
The questioner: Yes.
The Shaykh : Or if he consulted but it did not turn out to be contrary to what I will mention, then there is no third pronouncement.
The questioner : For the sake of Allah, my Shaykh, just so I can write this, let us say: If he has not consulted anyone.
The Shaykh : Or if he consulted.
The questioner : Or if he consulted.
The Shaykh : And they issued a ruling.
The questioner : And they issued a ruling.
The Shaykh : That the divorce took place.
The questioner : That the divorce took place.
The Shaykh : But he did not accept it.
The questioner: Yes.
The Shaykh : As he accepted the rulings on the first and second pronouncements.
The questioner : But he did not accept it, as he accepted the rulings on the first and second pronouncements.
The Shaykh : Yes.
The questioner: Yes.
The Shaykh : So I say.
The questioner : Yes.
The Shaykh : With these conditions.
The questioner: Yes.
The Shaykh : He has no third pronouncement.
The questioner : He has no third pronouncement.
The Shaykh : Because it is not permissible to combine the three pronouncements or the two in one waiting period.
The questioner: Yes.
The Shaykh : Based on His saying - Exalted is He - :[Al-Baqarah 2:229] in every pronouncement.
The questioner : So retaining with kindness in every pronouncement.
The Shaykh : In every pronouncement[Al-Baqarah 2:229].
The questioner[Al-Baqarah 2:229]. Yes. So our question is finished here.
The Shaykh: Yes.
The questioner : My Shaykh?
The Shaykh: Yes.
The questioner : Okay, I want to make sure. You asked me two questions to make sure of it, completely. You asked me the first question: Did he say the third pronouncement during the waiting period of the second pronouncement?
The Shaykh: No.
The questioner : Yes.
The Shaykh : He consulted, he consulted!
The questioner : Ah, I mean, did he consult?
The Shaykh: Yes.
The questioner : Yes, I mean, you, my Shaykh, I mean you asked me two questions, so I understood it this way, but I want to make sure of it so that it serves as evidence for this answer to the two questions you previously asked. May Allah preserve you. Here, I want to make sure because it is a serious matter. Do you remember, my Shaykh, the two questions you asked me? I seem to remember that it concerned the first and second pronouncements: Did he consider them?
The Shaykh : Now I am asking you.
The questioner: Yes.
The Shaykh : Did he consult?
The questioner : Yes.
The Shaykh : About the third pronouncement, did he consult anyone?
The questioner : No, about the third pronouncement, no.
The Shaykh : That is my question!
The questioner : Yes.
The Shaykh : Did he consult? The answer is no.
The questioner : Yes.
The Shaykh : The second question: If the answer is yes, but he did not accept it.
The questioner : I, my Shaykh, have noted all of this: If he has not consulted anyone and they ruled that it took place.
The Shaykh : Okay, I have nothing else.
The questioner : Yes, this is of course in the case that the first and second pronouncements took place? Because you were inquiring from me, my Shaykh - you burdened me - regarding the case. You inquired from me about things, and then I answered this: If he has not consulted, or if he has consulted, I mean, are there no other questions?
The Shaykh : My brother, leave that, it has passed, it has passed.
The questioner : Yes.
The Shaykh : The important thing is that he accepted the first pronouncement.
The questioner : Yes.
The Shaykh : And he accepted the second pronouncement.
The questioner : Yes.
The Shaykh : And he did not ask about the third pronouncement, nor did he accept it.
The questioner : Yes.
The Shaykh : So my answer is that the third pronouncement has not taken place.
The questioner : Yes.
The Shaykh : Because it was during the waiting period of the second pronouncement.
The questioner : Yes, may Allah honor you, my Shaykh. But I mean, everything that happened previously was out of fear that I might not have understood the nature of the man's question, and this is all. As for me, I wrote your words literally.
The Shaykh : May Allah reward you.
The questioner : May Allah bless you, O Shaykh.
The Shaykh : You are welcome.
The questioner: Peace be upon you.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The Shaykh : Hmm.
The questioner : May Allah bless you. This brother, regarding the divorce case, I told him to wait because I had already decided to ask our Shaykh about it.
The Shaykh: Yes.
The questioner : Literally, I had him write it by hand.
The Shaykh : Yes.
The questioner : He says: A few years ago, in the year 1988, I divorced my wife with the first pronouncement. I considered it so after consulting with Dr. al-Kattawi, who in turn consulted Dr. al-Zarqa. I pronounced the divorce on the first day, and then on the second and third days, whenever I remembered what my wife had done. She did not know that I had divorced her. After the consultation with the two professors mentioned, they informed me that it is considered the first pronouncement. About three months ago, I divorced her a second time in her presence. During the waiting period of this pronouncement, I did it between myself and myself, saying words I heard myself say: "I have taken you back, my wife, into my household." Then I pronounced the divorce three times at the same moment, while she was absent during her waiting period. Now that she has returned to her home during her waiting period and I have taken her back, does the third pronouncement, which I pronounced between myself and myself, take effect? Is it considered the third pronouncement? Is my wife now lawful for me? This means the man wrote it in his own handwriting.
The Shaykh : Okay, what I understand is that he consulted the aforementioned scholars.
The questioner: Yes.
The Shaykh : About the first pronouncement, and they counted it, and he thereby accepted it?
The questioner: Yes.
The Shaykh : Is that so?
The questioner : They told me yes. I am not sure exactly what, but I think he accepted the first one. Yes.
The Shaykh : Okay, and the second one as well.
The questioner : Yes!
The Shaykh : I ask, I ask.
The questioner : Yes, yes, yes, my Shaykh.
The Shaykh : I am telling you what I understood.
The questioner : It seems he accepted it. Yes.
The Shaykh : Okay, so let's move to the waiting period of the second pronouncement. He divorced her with the third pronouncement. Is that so?
The questioner : Yes, let me make sure, my Shaykh. He said: "And during the waiting period of this pronouncement." Yes, it is the third. Yes, he said: "And during the waiting period of this pronouncement, I did between myself and myself a divorce." And I think this is the second pronouncement. Yes, this is the second one. Yes.
The Shaykh : During the woman's waiting period from his second pronouncement of divorce.
The questioner: Yes.
The Shaykh : He followed it with a third pronouncement.
The questioner : Yes, that is right.
The Shaykh : Is that so?
The questioner : It seems so, yes, my Shaykh. But this phrase, please, bear with me. May Allah reward you with good, my Shaykh. He said: It means it contains this wording: "And about three months ago, I divorced her a second time in her presence, and during the waiting period of this pronouncement, I did between myself and myself such and such." So what is understood is, as you mentioned, that it was during the waiting period of the second pronouncement.
The Shaykh: All right.
The questioner: Yes.
The Shaykh : And did he consult?
The questioner : Yes, here, no, he has not consulted anyone yet. He means he is consulting you, my Shaykh.
The Shaykh : My answer.
The questioner: Yes.
The Shaykh : If he has not consulted anyone.
The questioner: Yes.
The Shaykh : Or if he consulted but it did not turn out to be contrary to what I will mention, then there is no third pronouncement.
The questioner : For the sake of Allah, my Shaykh, just so I can write this, let us say: If he has not consulted anyone.
The Shaykh : Or if he consulted.
The questioner : Or if he consulted.
The Shaykh : And they issued a ruling.
The questioner : And they issued a ruling.
The Shaykh : That the divorce took place.
The questioner : That the divorce took place.
The Shaykh : But he did not accept it.
The questioner: Yes.
The Shaykh : As he accepted the rulings on the first and second pronouncements.
The questioner : But he did not accept it, as he accepted the rulings on the first and second pronouncements.
The Shaykh : Yes.
The questioner: Yes.
The Shaykh : So I say.
The questioner : Yes.
The Shaykh : With these conditions.
The questioner: Yes.
The Shaykh : He has no third pronouncement.
The questioner : He has no third pronouncement.
The Shaykh : Because it is not permissible to combine the three pronouncements or the two in one waiting period.
The questioner: Yes.
The Shaykh : Based on His saying - Exalted is He - :
Divorce is twice. Then, either keep [her] in an acceptable manner
الطَّلَاقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍThe questioner : So retaining with kindness in every pronouncement.
The Shaykh : In every pronouncement
or release [her] with good treatment
أَوْ تَسْرِيحٌ بِإِحْسَانٍThe questioner
or release [her] with good treatment
أَوْ تَسْرِيحٌ بِإِحْسَانٍThe Shaykh: Yes.
The questioner : My Shaykh?
The Shaykh: Yes.
The questioner : Okay, I want to make sure. You asked me two questions to make sure of it, completely. You asked me the first question: Did he say the third pronouncement during the waiting period of the second pronouncement?
The Shaykh: No.
The questioner : Yes.
The Shaykh : He consulted, he consulted!
The questioner : Ah, I mean, did he consult?
The Shaykh: Yes.
The questioner : Yes, I mean, you, my Shaykh, I mean you asked me two questions, so I understood it this way, but I want to make sure of it so that it serves as evidence for this answer to the two questions you previously asked. May Allah preserve you. Here, I want to make sure because it is a serious matter. Do you remember, my Shaykh, the two questions you asked me? I seem to remember that it concerned the first and second pronouncements: Did he consider them?
The Shaykh : Now I am asking you.
The questioner: Yes.
The Shaykh : Did he consult?
The questioner : Yes.
The Shaykh : About the third pronouncement, did he consult anyone?
The questioner : No, about the third pronouncement, no.
The Shaykh : That is my question!
The questioner : Yes.
The Shaykh : Did he consult? The answer is no.
The questioner : Yes.
The Shaykh : The second question: If the answer is yes, but he did not accept it.
The questioner : I, my Shaykh, have noted all of this: If he has not consulted anyone and they ruled that it took place.
The Shaykh : Okay, I have nothing else.
The questioner : Yes, this is of course in the case that the first and second pronouncements took place? Because you were inquiring from me, my Shaykh - you burdened me - regarding the case. You inquired from me about things, and then I answered this: If he has not consulted, or if he has consulted, I mean, are there no other questions?
The Shaykh : My brother, leave that, it has passed, it has passed.
The questioner : Yes.
The Shaykh : The important thing is that he accepted the first pronouncement.
The questioner : Yes.
The Shaykh : And he accepted the second pronouncement.
The questioner : Yes.
The Shaykh : And he did not ask about the third pronouncement, nor did he accept it.
The questioner : Yes.
The Shaykh : So my answer is that the third pronouncement has not taken place.
The questioner : Yes.
The Shaykh : Because it was during the waiting period of the second pronouncement.
The questioner : Yes, may Allah honor you, my Shaykh. But I mean, everything that happened previously was out of fear that I might not have understood the nature of the man's question, and this is all. As for me, I wrote your words literally.
The Shaykh : May Allah reward you.
The questioner : May Allah bless you, O Shaykh.
The Shaykh : You are welcome.
The questioner: Peace be upon you.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.