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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Divorce pronounced three times is considered one divorce according to the most correct of the scholars' opinions

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The first message in this episode came from the sender Sayyid Ahmad Uthman, an Egyptian national residing in Iraq, in the Salah al-Din Governorate. He says: Before I went to Iraq, I swore by a triple divorce to my wife that if I went to her parents' house, she would have no return to me, unless there was a death or a very serious illness. I have been here for a year and six months. What is your opinion, may Allah guide you, if I send her a message telling her to go visit them?
Answer: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his path and are guided by his guidance until the Day of Judgment.
As for what follows: The answer to this question varies according to the intention of the one who pronounces the divorce. If you, O questioner, intended by this to prevent her from going to her parents' house and did not intend to effect the divorce, but rather intended only prevention, then this has the ruling of an oath. So whenever she goes to her parents' house, you owe the expiation of 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.
This is what a group of the righteous Salaf issued as a ruling, and it was also the ruling of Abu al-Abbas Ibn Taymiyyah, Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him), and Ibn al-Qayyim, and a group of the scholars, because he did not intend the divorce. The Messenger of Allah (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
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This is because he only intended to prevent her and did not intend to effect the divorce upon her, so his intention is what counts, as the Prophet (peace and blessings be upon him) said. However, if you intended to effect the divorce upon her if she went, so that the divorce would take place, then one divorce takes place upon her, because pronouncing a triple divorce is considered one divorce according to the most correct of the scholars' opinions. This is based on what is established in the two Sahihs from the hadith of Ibn Abbas (may Allah be pleased with them both), who said:
Divorce during the time of the Prophet (peace and blessings be upon him), and the time of Abu Bakr, and two years of 'Umar's caliphate, was that a triple divorce was considered one. Then 'Umar said: "The people have become hasty in a matter in which they used to be deliberate, so if we were to implement it for them, we would do so." So he implemented it for them.كان الطلاق على عهد النبي ﷺ، وعهد أبي بكر وسنتين من خلافة عمر طلاق الثلاث واحدة، فقال عمر: إن الناس قد استعجلوا في أمر كانت لهم فيه أناة فلو أمضيناه عليهم فأمضاه عليهم
Al-Mustadrak lil-Hakim 22:2
It was narrated by Muslim in his Sahih.
This is what took place during the time of 'Umar (may Allah be pleased with him) and he was pleased with it. The correct and stronger position is what was the case during the time of the Prophet (peace and blessings be upon him) and the time of al-Siddiq, and in the early part of 'Umar's caliphate (may Allah be pleased with him). So if you intended the divorce if she went, then one divorce takes place upon her, and you have the right to take her back as long as she is in the waiting period. If the waiting period ends and you do not take her back, you may return to her with a new marriage contract with conditions that are valid according to the Shari'ah, provided that you had not divorced her twice before this. And this is if you did not intend... except with your permission. If you intended by this statement "except with your permission," meaning: you intended in your heart "except with your permission," meaning: you intended in your heart "except with your permission," then whenever you give her permission, nothing takes place, neither an expiation nor a divorce. Whenever you give her permission to go to them, nothing takes place. However, if you said this statement and did not intend "except with your permission," but rather let the words go freely, then if you intended only to prevent her, it is an expiation of an oath according to the correct of the scholars' opinions.
However, if you intended to effect the divorce when she goes to her parents' house, then one divorce takes place upon her as mentioned above. And Allah is the One who grants success.
The presenter: May Allah bless you and 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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