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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on Swearing Divorce Three Times with a Single Expression

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Question:
Our brother in his last question asks and says: I argued with my wife, and I said to her angrily: "I swear by divorce, three times, that you are not going to work at all." And in fact, the next day she did not go to work, and I went to her workplace to submit her resignation; but the officials refused, and she returned to work. What should I do?
May Allah reward you with good.

Answer:
This requires detail, my brother: If your intention in saying this was to prevent her from working, and you did not intend to effect the divorce, but rather you wanted to threaten and frighten her so that she might comply; then you owe the expiation for an oath, and this divorce is considered an oath according to the most correct of the scholars' opinions, as a group of scholars issued a ruling to this effect, including: Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him), his student the scholar Ibn al-Qayyim (may Allah have mercy on him), and a group of scholars.
This is if your intention was to prevent her and to threaten and frighten her, and then you reconsidered and decided to allow her to work; then there is no harm, and you owe the expiation for an oath, which is feeding ten poor people, or clothing them, or freeing a slave; whoever cannot find the means to do so must fast for three days—as Allah explained in Surat al-Ma'idah. Feeding the poor means giving each person half a sa' (a dry measure of about 3 kg) of the local staple food, such as dates or rice, meaning approximately one and a half kilograms, or a garment that suffices them for prayer, such as an izar (lower garment) and rida' (upper garment), or a shirt, or freeing a slave as Allah explained .
However, if you intended to effect the divorce, meaning your intention was to effect the divorce, or you intended both: preventing her and effecting the divorce; then one divorce takes effect on her according to the correct opinion, even if you said "three times," it counts as one divorce; because divorce by saying "three times" in one word and one expression is considered one divorce in the most correct of the scholars' opinions; because it is established from the hadith of Ibn Abbas (may Allah be pleased with them both) from the Prophet (peace and blessings be upon him)
That he made the three divorces count as oneأنه جعل الطلاق الثلاث واحدة

The point is: Ibn Abbas reported that divorce was counted as one during the time of the Prophet (peace and blessings be upon him), meaning that divorce by saying "three times" in one word was counted as one during the time of al-Siddiq (may Allah be pleased with him) , and then during the time of Umar, as it was during the time of the Prophet (peace and blessings be upon him). Then Umar saw fit to enforce the three divorces even if said in one word, so he enforced them and satisfied them as a deterrent to prevent people from being lax with divorce.
The conclusion is: If you intended the divorce, or intended both: the divorce and the prevention, and then you allowed her to work, or she defied you and went to work; then one divorce takes effect on her by this, and you may take her back as long as she is in the waiting period, if you had not divorced her twice before. However, if you had divorced her twice before, this will be the last one, and she is not lawful to you again except after another husband, a lawful husband, and after his intercourse with her, and then his separation from her by death or divorce. 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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