The Ruling on Revocable Divorce and Divorce by Three Pronouncements in a Single Utterance
Machine translationRead the Arabic original
Question:
What is the ruling on revocable divorce, O Shaykh, with an explanation of the evidence? And what is the ruling on pronouncing three divorces in a single utterance?
Answer:
Allah (Exalted and Majestic is He) clarified the revocable divorce. He said: : [al-Baqarah:228], then He the Exalted said: [al-Baqarah:228].
If he divorces her with one pronouncement after he has entered into marital relations with her, after he has been alone with her, or after he has had intercourse with her, this is a revocable divorce. He has the right to take her back before she exits the waiting period. Likewise, if he divorces her with two pronouncements, he has the right to take her back before she exits the waiting period, if he intends reconciliation, not harm or injury to her.
As for if he has not been alone with her, nor entered into marital relations with her, then if he divorces her, even with one pronouncement, she is divorced from him with a minor final divorce. It is not permissible for him to take her back except with a new contract. If he contracted the marriage, then divorced her before being alone with her and before having intercourse, this is one pronouncement that divorces her with a minor final divorce, as Allah the Exalted said: [al-Ahzab:49]. If he divorces her before entering into marital relations and being alone with her, she has no waiting period, and he cannot take her back except with a new contract.
As for if he divorced her with one pronouncement after being alone with her, or after intercourse, he has the right to take her back during the waiting period without a new contract. Likewise, if he divorced her with two pronouncements, he has the right to take her back during the waiting period without a new contract.
As for if he divorces her with the third pronouncement, she becomes forbidden to him, and she is divorced with a major final divorce. She does not become permissible to him until after another husband marries her and has intercourse with her, due to the saying of Allah (Exalted and Majestic is He): [al-Baqarah:230]. This means: the third pronouncement [al-Baqarah:230]. This means: a marriage of desire, not a marriage for the purpose of facilitating remarriage, and he must have intercourse with her. This is the truth.
If he divorces her with the third pronouncement, she observes the waiting period and becomes forbidden to him until she marries another husband with a marriage of desire, not a marriage for the purpose of facilitating remarriage, and he has intercourse with her. Then he divorces her, or she separates from him by khul', or by death. After that, he has the right to take her back. If another husband marries her and has intercourse with her with a marriage of desire, not a marriage for the purpose of facilitating remarriage, and then she separates from him by death or otherwise, he has the right to take her back with a new contract, being the one who divorced her with the third pronouncement.
As for if he divorces her with the three pronouncements in a single word, the stronger opinion is that it counts as one pronouncement. If he says: "You are divorced with three," or "Divorced, divorced, divorced" with this wording, and he does not intend repetition, it counts as one. If he says "divorced with three," or "divorced, divorced, divorced," and he does not intend repetition, but only repeated it for emphasis, or without intention, this counts as one on the correct view. This is because it is authentically reported from the Prophet (peace and blessings be upon him) in the hadith of Ibn 'Abbas that pronouncing three divorces in a single utterance counts as one pronouncement. If he says "with three," or "divorced with three," or "you are with three," it counts as one. Likewise, if he says: "Divorced, divorced, divorced," and he has no intention, it counts as one, and he has the right to take her back as long as she is in the waiting period.
As for if he says: "Divorced, then divorced, then divorced," or "You are divorced, you are divorced, you are divorced," this counts as three. Except if he intends emphasis by saying: "You are divorced, you are..." If he intends emphasis, or clarification, it is one, just as if he says: "Divorced, divorced, divorced," and he has no intention; it counts as one.
As for if he says: "You are divorced, you are divorced, you are divorced," and his intention is the three, or he has no intention of clarification or emphasis, it counts as three. Or if he says: "Divorced, then divorced, then divorced," or "Divorced, and divorced, and divorced," all of these count as three. She is divorced from him until she marries another husband. This is the principle, this is the relied-upon view. Yes.
The presenter: May Allah reward you, O Shaykh.
What is the ruling on revocable divorce, O Shaykh, with an explanation of the evidence? And what is the ruling on pronouncing three divorces in a single utterance?
Answer:
Allah (Exalted and Majestic is He) clarified the revocable divorce. He said: :
Divorced women remain in waiting for three periods, and it is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day
وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلاثَةَ قُرُوءٍ وَلا يَحِلُّ لَهُنَّ أَنْ يَكْتُمْنَ مَا خَلَقَ اللَّهُ فِي أَرْحَامِهِنَّ إِنْ كُنَّ يُؤْمِنَّ بِاللَّهِ وَالْيَوْمِ الآخِرِAnd their husbands have more right to take them back in this [period] if they want reconciliation
وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَلِكَ إِنْ أَرَادُوا إِصْلاحًاIf he divorces her with one pronouncement after he has entered into marital relations with her, after he has been alone with her, or after he has had intercourse with her, this is a revocable divorce. He has the right to take her back before she exits the waiting period. Likewise, if he divorces her with two pronouncements, he has the right to take her back before she exits the waiting period, if he intends reconciliation, not harm or injury to her.
As for if he has not been alone with her, nor entered into marital relations with her, then if he divorces her, even with one pronouncement, she is divorced from him with a minor final divorce. It is not permissible for him to take her back except with a new contract. If he contracted the marriage, then divorced her before being alone with her and before having intercourse, this is one pronouncement that divorces her with a minor final divorce, as Allah the Exalted said:
O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نَكَحْتُمُ الْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَاAs for if he divorced her with one pronouncement after being alone with her, or after intercourse, he has the right to take her back during the waiting period without a new contract. Likewise, if he divorced her with two pronouncements, he has the right to take her back during the waiting period without a new contract.
As for if he divorces her with the third pronouncement, she becomes forbidden to him, and she is divorced with a major final divorce. She does not become permissible to him until after another husband marries her and has intercourse with her, due to the saying of Allah (Exalted and Majestic is He):
If he divorces her
فَإِنْ طَلَّقَهَاshe is not lawful to him afterward until [after] she marries a husband other than him
فَلا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنكِحَ زَوْجًا غَيْرَهُIf he divorces her with the third pronouncement, she observes the waiting period and becomes forbidden to him until she marries another husband with a marriage of desire, not a marriage for the purpose of facilitating remarriage, and he has intercourse with her. Then he divorces her, or she separates from him by khul', or by death. After that, he has the right to take her back. If another husband marries her and has intercourse with her with a marriage of desire, not a marriage for the purpose of facilitating remarriage, and then she separates from him by death or otherwise, he has the right to take her back with a new contract, being the one who divorced her with the third pronouncement.
As for if he divorces her with the three pronouncements in a single word, the stronger opinion is that it counts as one pronouncement. If he says: "You are divorced with three," or "Divorced, divorced, divorced" with this wording, and he does not intend repetition, it counts as one. If he says "divorced with three," or "divorced, divorced, divorced," and he does not intend repetition, but only repeated it for emphasis, or without intention, this counts as one on the correct view. This is because it is authentically reported from the Prophet (peace and blessings be upon him) in the hadith of Ibn 'Abbas that pronouncing three divorces in a single utterance counts as one pronouncement. If he says "with three," or "divorced with three," or "you are with three," it counts as one. Likewise, if he says: "Divorced, divorced, divorced," and he has no intention, it counts as one, and he has the right to take her back as long as she is in the waiting period.
As for if he says: "Divorced, then divorced, then divorced," or "You are divorced, you are divorced, you are divorced," this counts as three. Except if he intends emphasis by saying: "You are divorced, you are..." If he intends emphasis, or clarification, it is one, just as if he says: "Divorced, divorced, divorced," and he has no intention; it counts as one.
As for if he says: "You are divorced, you are divorced, you are divorced," and his intention is the three, or he has no intention of clarification or emphasis, it counts as three. Or if he says: "Divorced, then divorced, then divorced," or "Divorced, and divorced, and divorced," all of these count as three. She is divorced from him until she marries another husband. This is the principle, this is the relied-upon view. Yes.
The presenter: May Allah reward you, O Shaykh.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.