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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on repeating divorce in a single sitting

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Question:
If a man says to his wife, "You are divorced," more than three times at the same moment, is that considered one divorce?

Answer:
If he says to her, "You are divorced three times," or if he repeats "You are divorced" three times, it is considered three divorces; because they are multiple sentences. If he repeats "You are divorced" or "You are divorced" three times... it becomes three divorces, unless he intended to emphasize or clarify. In that case, there is no harm. If he says, "I did not intend more than one, but it was repeated; I wanted to make her understand, or I emphasized the first divorce; I did not intend to repeat the divorce," then it is according to his intention.
Actions are by intentionsالأعمال بالنيات
But if he has no such intention, the three divorces take effect on the woman, if she is subject to that.
As for if the divorce occurs during menstruation, or during post-natal bleeding, or during a period of purity in which he had intercourse with her, and she is not pregnant and not a woman who has passed the age of menstruation, the correct view is that it does not take effect. This is because it is established from the hadith of Ibn 'Umar (may Allah be pleased with them both) that the Prophet (peace and blessings be upon him) ordered him, when he divorced his wife while she was menstruating, to hold her back until she menstruates, then becomes pure, then menstruates again, then becomes pure, and then if he wishes, he may divorce her. He ordered him to hold her back until she becomes pure from the menstruation in which he divorced her, then she menstruates again, then becomes pure, and then he divorces her if he wishes. And he said:
Let him divorce her before he touches herفليطلقها قبل أن يمسها
Sunan ad-Daraqutni 16:20
.
And in the other wording:
Let him divorce her while she is pure, or pregnantفليطلقها طاهرًا، أو حاملًا

And the majority went to the view that it takes effect, but the opinion of the majority is the weaker position. The closer view is that it does not take effect, unless a judge rules on its occurrence. If a judge rules that it has occurred; it is established, it is executed, yes.

The presenter: May Allah reward you with good.
Source binbaz.org.sa

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

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