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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on one who says: “You are divorced” three times in one go

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This is a message we received from the questioner (A. A. S.) from Sohag, the Arab Republic of Egypt. He says: I swore to my wife with divorce, and the wording was: “You are divorced three times,” meaning: I repeated “You are divorced… you are divorced… you are divorced,” about four years ago. After that, she gave birth to two children after the one she was carrying, meaning: three children up to now. The matter that stirred my feelings to anger and the oath was such that my intention was that it was one divorce. All of this, knowing that I asked before returning the oath, and I was informed that it is an innovated divorce because she was pregnant, and another said: it is a revocable divorce. At that point, I took back my wife with the testimony of two and a small new mahr, and she has lived with me until now. But I heard a fatwa from the Saudi Arabian Radio, the program Nur 'ala al-Darb, so I stopped having intercourse with my wife until you issue a fatwa on what happened. May Allah reward you.
Answer: If you intended by this repetition to confirm and that you did not intend anything but one when you said to her: “You are divorced… you are divorced… you are divorced,” and you only intended one, which is the first, and you repeated it for confirmation, then only one takes effect. And your wife is lawful for you under the marriage contract, and there is no blame on you, if Allah wills, in that. But if you intended to effect the three, the three take effect. If she was pregnant at that time, as you said, then the divorce takes effect. Divorce of a pregnant woman is not an innovation, but it is prescribed. The innovation is divorce of a menstruating woman, divorce of a woman with post-natal bleeding, and divorce of a woman in a period of purity in which her husband had intercourse with her, and she is not pregnant, and her pregnancy has not become apparent. This is the innovation. As for divorce of a pregnant woman, it is not an innovation. Likewise, divorce of a woman in a period of purity in which her husband did not have intercourse with her is not an innovation.
So the point is: if you intended confirmation and did not intend anything but one, then you should not have such doubts, and your wife is lawful for you. What takes effect is one, what takes effect is one divorce; because actions are by intentions. So as long as you intended one divorce and repeated it for confirmation, then only one takes effect, and praise be to Allah. 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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