The Ruling on Pronouncing Three Divorces in a Single Utterance
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The second message in this episode was sent to the program by the questioner Adam Abdullah Abkar from N'Djamena in the Republic of Chad. He says in his message: What is the ruling on three divorces pronounced in one word? Does it count as one or three?
Answer: This divorce, as described, is a matter of scholarly disagreement among the scholars. The majority of scholars, and the four Imams, say that a divorce of three, even if pronounced in a single word, takes effect. So if he says to his wife, "You are divorced three times" or "You are divorced three times," or if he says, "She is divorced three times," meaning his wife, she is divorced according to the majority of scholars, and she becomes forbidden to him until she marries another husband. A group of scholars held that only one divorce takes effect in this case, if the divorce is pronounced in a single word, such as saying, "She is divorced three times," or "You are divorced three times," or "Divorced three times." A group of scholars held that this divorce takes effect as only one revocable divorce, and he may take her back as long as she is in the waiting period. This was narrated from Ibn Abbas in a sound narration from him, though a contrary view was also reported from him. This view was also narrated from a group of the Companions (may Allah be pleased with them), and a group of the Tabi'un held it. Muhammad ibn Ishaq, the author of the Sirah, and others chose this view. Abu al-Abbas Ibn Taymiyyah, the famous Imam (may Allah have mercy on him), issued a fatwa to this effect, and his student, the distinguished and meticulous scholar Ibn al-Qayyim (may Allah have mercy on him), also issued a fatwa to this effect. This is the view I issue a fatwa for, because it facilitates matters for the Muslims and makes them easier. The basis for this is what is established from him (peace and blessings be upon him) in the hadith of Ibn Abbas (may Allah be pleased with them both), who said: He said: "The people have hastened in a matter in which they had patience, so if we had allowed it to proceed for them, he allowed it to proceed for them". Muslim recorded it in his Sahih.
Imam Ahmad ibn Hanbal (may Allah have mercy on him) narrated with a good chain from Ibn Abbas (may Allah be pleased with them both):. It appears that he divorced her three times, meaning in a single word. This is the apparent meaning of the two hadiths, and this is the relied-upon view, which is the one I issue a fatwa for, as mentioned earlier. Some scholars held that three divorces, even if pronounced separately, only count as one. Abu al-Abbas Ibn Taymiyyah (may Allah have mercy on him) chose this view. So if he says, "Divorced, divorced, divorced," or "Divorced, then divorced, then divorced," only one takes effect. However, what has become clear to me from the words of the scholars and from the words of Ibn Abbas in the narration where he issued a fatwa that it is one, is that counting it as one is specific to the case where the three are pronounced in a single word.
As for when the divorce is repeated, it takes effect. If he repeats it in a way that distinguishes the second from the first, and the third from the second, such as saying, "Divorced, then divorced, then divorced," or "Divorced, divorced, divorced," the three take effect according to the relied-upon view, which is the view of the majority of scholars. Similarly, if he says, "You are divorced, you are divorced, you are divorced," these are three complete sentences, so the divorce takes effect, unless he intended the second and third to be for emphasis or to make the woman understand, in which case his intention is what counts. But if he says, "You are divorced, divorced, divorced" without a "wa" (and) or "thumma" (then) and without repeating the subject, but simply says, "You are divorced, divorced, divorced," or "You are divorced, divorced, divorced," the scholars mentioned that only one takes effect in this case; because the second and third repeated words, without repeating the sentence and without repeating the subject, do not take effect except as emphasis. "You are divorced, divorced, divorced," "You are divorced, divorced, divorced," or "She is divorced, divorced, divorced." He does not have the intention of three. So the correct view in this is that it is considered one, even according to those who count three in a single word; because he did not intend three, but rather repeated the word out of anger or for other reasons without intending to effect the divorce. So this is considered one, just as if he said, "Zayd, Zayd, Zayd" in speech, like what came in the hadith of Aisha:Jami` at-Tirmidhi 1102Hasan (Darussalam). Such usage is for emphasis. So the correct view in this is that it is ruled as one, and the second and third words are emphatic of the first word, and nothing takes effect by them, as a group of scholars explicitly stated in the chapter on what distinguishes the number of divorces. I repeat this sentence so that it is understood: it is said, "Divorced, divorced, divorced," or he says, "Divorced, divorced, divorced." This is the place where it is counted as one, and the second and third words are emphatic of the first word. This is the correct view, as a group of scholars explicitly stated. And as for when he repeats with sentences or with conjunctions, this takes effect. "Divorced, then divorced, then divorced," the three take effect according to the majority, which is the most apparent from the evidence. Or "Divorced, divorced, divorced," the three take effect by this. And similarly, if he says, "You are divorced, you are divorced, you are divorced," or "You are divorced, you are divorced, or you are divorced," so this is repeating sentences. Or "You are divorced, you are divorced, you are divorced," this takes effect as three, unless he intended emphasis with the second and third in his saying, "You are divorced, you are divorced, you are divorced," or "You are divorced, you are divorced, you are divorced"; because they are sentences, so if he intended emphasis and making her understand, otherwise the three take effect. And Allah is the guarantor of success. Yes.
Answer: This divorce, as described, is a matter of scholarly disagreement among the scholars. The majority of scholars, and the four Imams, say that a divorce of three, even if pronounced in a single word, takes effect. So if he says to his wife, "You are divorced three times" or "You are divorced three times," or if he says, "She is divorced three times," meaning his wife, she is divorced according to the majority of scholars, and she becomes forbidden to him until she marries another husband. A group of scholars held that only one divorce takes effect in this case, if the divorce is pronounced in a single word, such as saying, "She is divorced three times," or "You are divorced three times," or "Divorced three times." A group of scholars held that this divorce takes effect as only one revocable divorce, and he may take her back as long as she is in the waiting period. This was narrated from Ibn Abbas in a sound narration from him, though a contrary view was also reported from him. This view was also narrated from a group of the Companions (may Allah be pleased with them), and a group of the Tabi'un held it. Muhammad ibn Ishaq, the author of the Sirah, and others chose this view. Abu al-Abbas Ibn Taymiyyah, the famous Imam (may Allah have mercy on him), issued a fatwa to this effect, and his student, the distinguished and meticulous scholar Ibn al-Qayyim (may Allah have mercy on him), also issued a fatwa to this effect. This is the view I issue a fatwa for, because it facilitates matters for the Muslims and makes them easier. The basis for this is what is established from him (peace and blessings be upon him) in the hadith of Ibn Abbas (may Allah be pleased with them both), who said:
Divorce in the time of the Prophet (peace and blessings be upon him), the time of Abu Bakr, and two years of the caliphate of Umar (may Allah be pleased with him) was that three divorces counted as one. So when Umar (may Allah have mercy on him)
كان الطلاق على عهد النبي ﷺوعهد أبي بكر وسنتين من خلافة عمر رضي الله عنهما طلاق الثلاث واحدة، فلما كان عمر Imam Ahmad ibn Hanbal (may Allah have mercy on him) narrated with a good chain from Ibn Abbas (may Allah be pleased with them both):
That Abu Rakanah divorced his wife three times, so he grieved for her, and the Prophet (peace and blessings be upon him) returned her to him and said: "It is one."
أن أبا ركانة طلق امرأته ثلاثاً فحزن عليها، فردها عليه النبي ﷺ وقال: إنها واحدةAs for when the divorce is repeated, it takes effect. If he repeats it in a way that distinguishes the second from the first, and the third from the second, such as saying, "Divorced, then divorced, then divorced," or "Divorced, divorced, divorced," the three take effect according to the relied-upon view, which is the view of the majority of scholars. Similarly, if he says, "You are divorced, you are divorced, you are divorced," these are three complete sentences, so the divorce takes effect, unless he intended the second and third to be for emphasis or to make the woman understand, in which case his intention is what counts. But if he says, "You are divorced, divorced, divorced" without a "wa" (and) or "thumma" (then) and without repeating the subject, but simply says, "You are divorced, divorced, divorced," or "You are divorced, divorced, divorced," the scholars mentioned that only one takes effect in this case; because the second and third repeated words, without repeating the sentence and without repeating the subject, do not take effect except as emphasis. "You are divorced, divorced, divorced," "You are divorced, divorced, divorced," or "She is divorced, divorced, divorced." He does not have the intention of three. So the correct view in this is that it is considered one, even according to those who count three in a single word; because he did not intend three, but rather repeated the word out of anger or for other reasons without intending to effect the divorce. So this is considered one, just as if he said, "Zayd, Zayd, Zayd" in speech, like what came in the hadith of Aisha:
Whichever woman married without the permission of her Wali her marriage is invalid, her marriage is invalid, her marriage is invalid
أيما امرأة نكحت بغير إذن وليها فنكاحها باطل باطل باطل
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
