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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on one who says to his wife: (You are divorced. . You are divorced. . You are divorced)

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This is a letter that reached us from the sender Ahmad Ali Ma'wada, a student from the sons of Northern Yemen at King Saud University in Riyadh. He says in his letter: If a man divorces his wife by saying: She is divorced, she is divorced, she is divorced, at one time, is it considered one divorce upon him and he sins for the rest, or is it considered three? Also, if he says to her: She is divorced, a divorce of khul' with no intention of taking her back, what is the ruling in this?
Answer: If the husband addresses his wife saying: You are divorced, you are divorced, you are divorced, or if he says intending her: She is divorced, she is divorced, she is divorced, or if he says: I consider you divorced, I consider you divorced, I consider you divorced, or if he says: I consider you divorced, I consider you divorced, I consider you divorced, or you are divorced, you are divorced, you are divorced, or she is divorced.. and she is divorced.. and she is divorced, then the three take effect, the three divorces take effect upon her.
Likewise, if he says: Divorced, then divorced, then divorced. Or you are divorced, then divorced, then divorced, or divorced and divorced and divorced, all these phrases and their like result in the three taking effect, provided she is not menstruating, not in post-natal bleeding, and not in a period of purity in which he had intercourse with her, but rather she was free of these, and this divorce occurred in a period of purity in which he did not have intercourse with her, or during pregnancy. In that case, this divorce takes effect, and she becomes forbidden to him until she marries another husband.
However, if when he said: She is divorced, she is divorced, she is divorced, he did not intend the three, but rather intended the first, and meant the second and third to confirm the first and make the wife understand, then only the first takes effect, if his intention when he said: She is divorced, she is divorced, she is divorced, or you are divorced, you are divorced, you are divorced, or I consider you divorced.. I consider you divorced.. I consider you divorced, was the first, and he repeated the second and third for the sake of making the woman understand or for the sake of confirming the first. He knows his own intention best, and Allah is the One who will hold him accountable for his intention. So if he intended by this to make her understand the first or to confirm the first, and did not intend to effect the second or the third, then only one takes effect according to his intention, because he did not intend anything but one, and he only intended by his saying: She is divorced, she is divorced, the second and third to confirm the first or make the wife understand. This does not result in anything but one. But if he repeated that and intended the three, or if he had no intention but repeated without the intention of divorce when he said: She is divorced. She is divorced, she is divorced. Or you are divorced, you are divorced, you are divorced, or I consider you divorced, I consider you divorced, I consider you divorced, or he said: I consider you divorced, I consider you divorced, I consider you divorced. Or she is divorced.. she is divorced.. this results in the three taking effect, ... he did not intend anything but to effect the three, or he did not intend anything but divorce, then this results in the three taking effect, like if he said: You are divorced, then divorced, then divorced, the three take effect. But if he intended by the repetition to confirm the first and make the wife understand when he said: She is divorced, she is divorced. Or I consider you divorced.. I consider you divorced, or you are divorced, you are divorced, you are divorced, he intended to make her understand the first, or to confirm the first, then it is according to his intention. The Prophet (peace and blessings be upon him) said:
The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended.إنما الأعمال بالنيات وإنما لكل امرئ ما نوى
Sahih al-Bukhari 1
, unlike if he said: You are divorced, then divorced, then divorced, this results in the three taking effect. And if he said: I intended the first, this is not a place for confirmation, because when he used "then" it indicated that he intended the second and the third. Yes.
Likewise, divorced, a divorce of khul', or a divorce of khul' with no intention, this does not result in anything but one taking effect. If he says: You are divorced, a divorce of khul' with no intention of taking her back, this does not result in anything but one taking effect according to the correct opinion. Yes.
The presenter: May Allah reward you.
Source binbaz.org.sa

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

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