Ruling on a husband saying to his wife in anger: You are divorced sixty times
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Question:
This questioner, Salah Kheiri Hasan, from the Arab Republic of Egypt, says: I am a married man, and a quarrel occurred between me and my wife. In a state of anger, she asked me to give her the word of divorce, so I said to her during this quarrel: "You are divorced sixty times." This statement came from me twice within ten days, and I cohabited with her afterward for a month. After that, I traveled outside my country. Please advise me, for I am in great confusion, and because I am traveling to my country after a short period, what should I do? Is she actually divorced and does she need a new contract for me to take her back into my protection?
Knowing that all my words were not from the heart.
Answer:
This divorce is, first of all, reprehensible. It is not permissible to say: "Sixty divorces," or "three divorces," or "four," or "ten." The prescribed way is for the believer to pronounce one divorce and say to her: "You are divorced," or "You are free," and not to go beyond this by saying: "Twenty," or "thirty," or "sixty." All of this is reprehensible. When the Prophet (peace and blessings be upon him) heard that a man had divorced his wife with three divorces, he became angry and said:Sunan an-Nasa'i 3401Sahih (Darussalam) Ibn 'Umar, when it reached him that a man had divorced with three, said: "You have disobeyed your Lord in what He commanded you regarding the divorce of your wife." Therefore, it is not permissible for a husband to divorce with three, or with sixty, or with a hundred; all of this is not permissible.
As for the reality, which is that you said to her: "Sixty divorces," twice in ten days, this is looked into. If the anger intensified with you to the point that your mind was not in control, and your feelings were disturbed, or if the anger intensified greatly to the point that you could not control yourself due to the severity of the dispute and the words that passed between you, then according to the correct view, the divorce does not take effect in the case of intense anger that overcomes one's ability to control himself, prevents him from divorcing, and stops him from considering the harms of divorce. He is like a madman, or like an insane person, or something close to that, so his divorce does not take effect. Likewise, if he had some reason, but the anger intensified with him, becoming seventy percent, eighty percent, close to a madman and close to an insane person due to the intensity of the anger, then his divorce does not take effect in these situations where the anger intensified and overcame him until he was unable to control himself, to master it, and to refrain from divorcing.
Likewise, if she was in a state of purity in which you had intercourse with her, and she was not pregnant, and not a woman who no longer menstruates, but rather she menstruates, or is in post-natal bleeding, or is menstruating, then this divorce does not take effect if it was in a state of menstruation, post-natal bleeding, or purity in which you had intercourse with her and she was not pregnant, and she is one who menstruates. For the divorce does not take effect in this case according to the correct view of the scholars.
However, if she was in a state of purity in which you did not have intercourse with her, or in a state of pregnancy, then the two divorces have taken effect if your feelings were with you and the anger did not reach the intensity that prevents the divorce from taking effect, i.e., ordinary anger. In that case, the divorce takes effect, and each phrase counts as one divorce: one divorce in the first instance, and one divorce in the second, according to the correct view. This is because the correct view is that divorce with three using a single phrase, and likewise what is in the same ruling, such as divorce with four, ten, or a hundred, takes effect as one. This is based on what is established from Ibn 'Abbas (may Allah be pleased with him and his father), who said: "Divorce in the time of the Prophet (peace and blessings be upon him), the time of al-Khadijah, and the beginning of 'Umar's caliphate was that three divorces counted as one. Then 'Umar (may Allah be pleased with him) said: 'The people have hastened in a matter in which they used to be patient, so if we were to allow it for them, we would allow it.' So he allowed it for them." Muslim narrated it in his Sahih.
And its meaning is established from the hadith of Ibn 'Abbas regarding the story of Abu Rakanah in Ahmad with a good chain, that he divorced her with three, so the Prophet (peace and blessings be upon him) returned it to him and made it one. This is the correct view regarding what takes effect when a man says: "You are divorced with three," or with sixty, or with a hundred, or with a thousand, or the like. Its ruling is the ruling of one divorce according to the correct view. So this woman has had two divorces take effect if the feelings of the divorcer were with him, and he did not have the aforementioned anger, but his anger was ordinary. In that case, two divorces take effect on her if she was pregnant or in a state of purity in which you did not have intercourse with her, and one divorce remains for you.
And if you had intercourse with her after this, then intercourse is in the meaning of taking back, so she is in your possession and under your protection, and one divorce remains for you. You have the right to return to her and have relations with her. If you witness two witnesses to the taking back in addition to the intercourse, that is good, because some scholars hold that intercourse is not sufficient for taking back, and some hold that intention is necessary with it, the intention of taking back. If you witness two witnesses that you took her back, the period is short; the month after your intercourse with her, or after the two divorces, is short. It is not generally the case that she exits the waiting period, but she needs more than that for three menstrual cycles to pass after the second divorce.
So the result is: the taking back occurred through intercourse, and one divorce remains for her. You have the right to return to her and maintain contact with her, because she is your wife. But if you witness two just witnesses that you took her back, out of eagerness to follow the Sunnah, that is more preferable and better, because Allah commanded that in His saying: [Al-Talaq:2]. This phrase in this noble verse covers the testimony of divorce and the testimony of taking back, while considering what was mentioned previously regarding whether the divorce was in a state of ordinary anger, or intense anger that deprived you of your feelings, or approached that, and also considering whether she was in a state of purity in which you had intercourse with her, or in menstruation, or in post-natal bleeding. If she was in one of these three states: in menstruation, or post-natal bleeding, or in a state of purity in which you had intercourse with her, and she was not pregnant, then the divorce does not take effect, in addition to the intensity of anger that occurred from you. Yes.
This questioner, Salah Kheiri Hasan, from the Arab Republic of Egypt, says: I am a married man, and a quarrel occurred between me and my wife. In a state of anger, she asked me to give her the word of divorce, so I said to her during this quarrel: "You are divorced sixty times." This statement came from me twice within ten days, and I cohabited with her afterward for a month. After that, I traveled outside my country. Please advise me, for I am in great confusion, and because I am traveling to my country after a short period, what should I do? Is she actually divorced and does she need a new contract for me to take her back into my protection?
Knowing that all my words were not from the heart.
Answer:
This divorce is, first of all, reprehensible. It is not permissible to say: "Sixty divorces," or "three divorces," or "four," or "ten." The prescribed way is for the believer to pronounce one divorce and say to her: "You are divorced," or "You are free," and not to go beyond this by saying: "Twenty," or "thirty," or "sixty." All of this is reprehensible. When the Prophet (peace and blessings be upon him) heard that a man had divorced his wife with three divorces, he became angry and said:
Is the Book of Allah being toyed with while I am still among you?
أيلعب بكتاب الله وأنا بين أظهركمAs for the reality, which is that you said to her: "Sixty divorces," twice in ten days, this is looked into. If the anger intensified with you to the point that your mind was not in control, and your feelings were disturbed, or if the anger intensified greatly to the point that you could not control yourself due to the severity of the dispute and the words that passed between you, then according to the correct view, the divorce does not take effect in the case of intense anger that overcomes one's ability to control himself, prevents him from divorcing, and stops him from considering the harms of divorce. He is like a madman, or like an insane person, or something close to that, so his divorce does not take effect. Likewise, if he had some reason, but the anger intensified with him, becoming seventy percent, eighty percent, close to a madman and close to an insane person due to the intensity of the anger, then his divorce does not take effect in these situations where the anger intensified and overcame him until he was unable to control himself, to master it, and to refrain from divorcing.
Likewise, if she was in a state of purity in which you had intercourse with her, and she was not pregnant, and not a woman who no longer menstruates, but rather she menstruates, or is in post-natal bleeding, or is menstruating, then this divorce does not take effect if it was in a state of menstruation, post-natal bleeding, or purity in which you had intercourse with her and she was not pregnant, and she is one who menstruates. For the divorce does not take effect in this case according to the correct view of the scholars.
However, if she was in a state of purity in which you did not have intercourse with her, or in a state of pregnancy, then the two divorces have taken effect if your feelings were with you and the anger did not reach the intensity that prevents the divorce from taking effect, i.e., ordinary anger. In that case, the divorce takes effect, and each phrase counts as one divorce: one divorce in the first instance, and one divorce in the second, according to the correct view. This is because the correct view is that divorce with three using a single phrase, and likewise what is in the same ruling, such as divorce with four, ten, or a hundred, takes effect as one. This is based on what is established from Ibn 'Abbas (may Allah be pleased with him and his father), who said: "Divorce in the time of the Prophet (peace and blessings be upon him), the time of al-Khadijah, and the beginning of 'Umar's caliphate was that three divorces counted as one. Then 'Umar (may Allah be pleased with him) said: 'The people have hastened in a matter in which they used to be patient, so if we were to allow it for them, we would allow it.' So he allowed it for them." Muslim narrated it in his Sahih.
And its meaning is established from the hadith of Ibn 'Abbas regarding the story of Abu Rakanah in Ahmad with a good chain, that he divorced her with three, so the Prophet (peace and blessings be upon him) returned it to him and made it one. This is the correct view regarding what takes effect when a man says: "You are divorced with three," or with sixty, or with a hundred, or with a thousand, or the like. Its ruling is the ruling of one divorce according to the correct view. So this woman has had two divorces take effect if the feelings of the divorcer were with him, and he did not have the aforementioned anger, but his anger was ordinary. In that case, two divorces take effect on her if she was pregnant or in a state of purity in which you did not have intercourse with her, and one divorce remains for you.
And if you had intercourse with her after this, then intercourse is in the meaning of taking back, so she is in your possession and under your protection, and one divorce remains for you. You have the right to return to her and have relations with her. If you witness two witnesses to the taking back in addition to the intercourse, that is good, because some scholars hold that intercourse is not sufficient for taking back, and some hold that intention is necessary with it, the intention of taking back. If you witness two witnesses that you took her back, the period is short; the month after your intercourse with her, or after the two divorces, is short. It is not generally the case that she exits the waiting period, but she needs more than that for three menstrual cycles to pass after the second divorce.
So the result is: the taking back occurred through intercourse, and one divorce remains for her. You have the right to return to her and maintain contact with her, because she is your wife. But if you witness two just witnesses that you took her back, out of eagerness to follow the Sunnah, that is more preferable and better, because Allah commanded that in His saying:
And bring to witness two just men from among you and establish the testimony for [the acceptance of] Allah
وَأَشْهِدُوا ذَوَي عَدْلٍ مِنْكُمْ وَأَقِيمُوا الشَّهَادَةَ لِلَّهِ
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
