Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

The Detail on Divorce with a Single Utterance

Machine translationRead the Arabic original
Question:
Is the divorce that was counted as a single pronouncement during the time of the Messenger of Allah (peace and blessings be upon him) the one where a man pronounces three consecutive divorces, meaning from three words in one sitting, or is it the utterance of divorce with a single phrase, such as saying: "You are divorced three times"? We ask for clarification on this?

Answer:
It is established from him, from the hadith of Ibn Abbas, that he said: "Divorce during the time of the Prophet (peace and blessings be upon him) was that three divorces were counted as one. Then when 'Umar came, he said: 'The people have hastened in a matter in which they had patience, so I will enforce it upon them.'"
The well-known view among scholars is that the intended meaning of these three divorces is divorce with one mouth, in one word: "You are divorced three times," "You are divorced three times," "She is divorced three times." This is the most apparent view in this issue: that pronouncing three divorces with one word... the three, and this is what is narrated from Ibn Abbas: that pronouncing three divorces... one, "You are divorced three times," "You are divorced three times."
Some scholars held the view that divorce by three, even if repeated, as long as it is in one sitting, and some said: even if in different sittings, as long as there is no taking back (raj'ah) and no new marriage between them; then only the first one takes effect, and the second and third do not take effect. They made the hadith cover all of this, but this is not clear from the hadiths, for they are revocable (raj'i). A woman divorced with one revocable divorce is revocable, so if he divorces her a second time, the second one catches up with her, and if he divorces her a third time, it catches up with her. The catching up is only prevented if it is a final divorce (ba'in) by khul' (divorce at the wife's request) that is annulled; the second and third do not catch up with her.
As for if he divorces her with one revocable divorce, then follows it with a second and a third, then the most apparent from the words of scholars is that the divorce takes effect upon her, and she becomes forbidden to him in the second and third. This is what I have issued a ruling on, and it is what has become clear to me from what came in the texts and from the reports of the Companions (may Allah be pleased with them and grant them satisfaction) that divorce by three is counted as one if he combines them in one word, or writes them as one sentence, "She is divorced three times," whether in writing or in speech. This was one during the time of the Prophet (peace and blessings be upon him) and during the time of al-Siddiq, and in the early part of 'Umar's caliphate. Then 'Umar looked into this and said: "The people have hastened in this matter... in it, so I will enforce it upon them," so he enforced it upon them. And most of the Companions followed him in this.
It is narrated from Ali, al-Zubayr, 'Abd al-Rahman ibn Awf, and Ibn Abbas that they made it one, as it was during the time of the Prophet (peace and blessings be upon him). This is the stronger position based on evidence, and this is also the most beneficial for the Muslims and the most lenient for them.
Source binbaz.org.sa

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

Similar fatwas