The Ruling on Divorce by Three Pronouncements in a Single Statement
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This is a letter we received from Baghdad, from the Diyala Governorate, specifically from the Sa'diyah district. It was sent by the sender, Nabil Nazim Mazahim, who complains of a social situation between him and his wife. He says: "I am twenty-four years old, married, and have two children from my wife, who is my maternal uncle's daughter. My social situation is good, praise be to Allah. A quarrel occurred between me and my wife at the beginning of our marriage, during which I lost my temper. Please note that I suffer from chronic depression. As a result, in an unusual manner, I divorced my wife with three pronouncements. I was truly in an abnormal state; I was not praying and I knew nothing of the Islamic Shari'ah and its rulings, not even the size of a grain of rice, and Allah knows best. I used to think that divorce was a type of threat to the woman, nothing more and nothing less. But today, I am committed to the five obligatory duties imposed on Muslims, praise be to Allah. I have come to know much of the matters of the Islamic Shari'ah. Despite all this, I ask your Excellency to look into my case, hoping that Allah will grant you success in your good deeds. May Allah preserve you and care for you?"
Answer: There is scholarly disagreement regarding divorce by three pronouncements in a single statement. Many of the scholars hold that it is effective and that it renders the wife forbidden to the husband until she marries another man and he has sexual intercourse with her. This is based on what is established from 'Umar ibn al-Khattab, who upheld this divorce for the people when he saw them playing with it and rushing to carry it out.
Others among the scholars held that it is one, based on what is established from Ibn 'Abbas (may Allah be pleased with him and him) that "divorce in the time of the Prophet (peace and blessings be upon him), in the time of al-Siddiq, and in the early part of 'Umar's caliphate... three divorces were considered one." This means that if he divorced her with three [divorces] in a single utterance, it was counted as one. Ibn 'Abbas and a group of his Companions and others issued rulings that it is one. This is the more correct and stronger of the two opinions, in accordance with the situation that existed in the time of the Prophet (peace and blessings be upon him), the time of al-Siddiq, and the early part of 'Umar's caliphate. So, you, my brother whom Allah has guided, are counted as having pronounced one divorce. This divorce that you pronounced with three [divorces] is counted as one divorce. And your wife is still with you, if you took her back after this divorce was pronounced, or if you had intercourse with her with the intention of taking her back while she was in the waiting period, then she is your wife, and praise be to Allah.
However, if you left her after the divorce until she completed her waiting period, and you did not approach her and did not contact her, but left her because of the divorce until she completed her waiting period—meaning until she had her menstruation three times after the divorce—then you must marry her anew. If she is willing, you marry her anew with a new contract, a new bridal gift, and two witnesses. That is, like other suitors, you propose to her for yourself. If she agrees, the marriage is renewed with a guardian and two witnesses, like other Islamic marriages.
This is the answer to your question. We advise you to fear Allah, to be upright in His religion, and to gain knowledge of the religion. Be glad of good, for whoever repents, Allah accepts his repentance. Yes.
The presenter: Thank you, may Allah reward you.
Answer: There is scholarly disagreement regarding divorce by three pronouncements in a single statement. Many of the scholars hold that it is effective and that it renders the wife forbidden to the husband until she marries another man and he has sexual intercourse with her. This is based on what is established from 'Umar ibn al-Khattab, who upheld this divorce for the people when he saw them playing with it and rushing to carry it out.
Others among the scholars held that it is one, based on what is established from Ibn 'Abbas (may Allah be pleased with him and him) that "divorce in the time of the Prophet (peace and blessings be upon him), in the time of al-Siddiq, and in the early part of 'Umar's caliphate... three divorces were considered one." This means that if he divorced her with three [divorces] in a single utterance, it was counted as one. Ibn 'Abbas and a group of his Companions and others issued rulings that it is one. This is the more correct and stronger of the two opinions, in accordance with the situation that existed in the time of the Prophet (peace and blessings be upon him), the time of al-Siddiq, and the early part of 'Umar's caliphate. So, you, my brother whom Allah has guided, are counted as having pronounced one divorce. This divorce that you pronounced with three [divorces] is counted as one divorce. And your wife is still with you, if you took her back after this divorce was pronounced, or if you had intercourse with her with the intention of taking her back while she was in the waiting period, then she is your wife, and praise be to Allah.
However, if you left her after the divorce until she completed her waiting period, and you did not approach her and did not contact her, but left her because of the divorce until she completed her waiting period—meaning until she had her menstruation three times after the divorce—then you must marry her anew. If she is willing, you marry her anew with a new contract, a new bridal gift, and two witnesses. That is, like other suitors, you propose to her for yourself. If she agrees, the marriage is renewed with a guardian and two witnesses, like other Islamic marriages.
This is the answer to your question. We advise you to fear Allah, to be upright in His religion, and to gain knowledge of the religion. Be glad of good, for whoever repents, Allah accepts his repentance. Yes.
The presenter: Thank you, may Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
