The Ruling on the Occurrence of Bid'ah Divorce
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Question:
Does bid'ah divorce take effect? Is pronouncing three divorces at once forbidden, such as saying: "You are divorced, you are divorced, you are divorced" all at once? Is this considered bid'ah divorce?
Answer:
Bid'ah divorce, as you have heard, if it is by the phrase "You are divorced three times" or "So-and-so is divorced three times," does not take effect except as one divorce, according to the stronger opinion; based on the hadith of Ibn Abbas.
The correct view is that it does not take effect except as one divorce, and it is returned to the Sunnah. However, if he repeats it, saying: "Divorced, then divorced, then divorced," or "You are divorced, you are divorced, you are divorced," and intends to effect the three divorces, or does not intend emphasis or clarification, but simply utters it thus: "You are divorced, you are divorced, you are divorced," the divorce takes effect, and the divorce takes effect as three.
As for divorce during menstruation or post-natal bleeding, this is a matter of disagreement among the scholars. The opinion that it does not take effect is very strong; because it contradicts the command of Allah; so it does not take effect. But the majority, and the most of the scholars, hold that it takes effect. The apparent meaning of the Sunnah and the apparent meaning of the legal principles is that it does not take effect. A group of the Tabi'un issued a fatwa to this effect, and Ibn Umar himself (may Allah be pleased with him), upon whom the incident occurred, issued a fatwa that it does not take effect; because it contradicted the Sunnah, it contradicted the Shari'ah.
Question: Does bid'ah divorce not take effect?
Answer: The one during menstruation and post-natal bleeding, according to some scholars. As for pronouncing three divorces all at once, this takes effect as one if it is by a single phrase, "You are divorced three times" or "You are divorced three times," it takes effect as one.
However, if he repeats it, saying: "You are divorced, you are divorced, you are divorced," and does not intend emphasis or clarification, but intends all three, or does not intend anything, but simply repeats it, and so on; the three take effect. Or if he says: "You are divorced, then divorced, then divorced," or divorces her today, then divorces her tomorrow, then divorces her the day after tomorrow within the waiting period; the divorce has taken effect with her.
Does bid'ah divorce take effect? Is pronouncing three divorces at once forbidden, such as saying: "You are divorced, you are divorced, you are divorced" all at once? Is this considered bid'ah divorce?
Answer:
Bid'ah divorce, as you have heard, if it is by the phrase "You are divorced three times" or "So-and-so is divorced three times," does not take effect except as one divorce, according to the stronger opinion; based on the hadith of Ibn Abbas
That divorce in the time of the Prophet (peace and blessings be upon him) was that three divorces were counted as one, and so it was in the time of al-Siddiq, and in the early part of 'Umar's caliphate, then 'Umar enforced it.
أن الطلاق كان في عهد النبي ﷺ طلاق الثلاث واحدة، وهكذا في عهد الصديق، وفي أول خلافة عمر، ثم أمضاه عمرThe correct view is that it does not take effect except as one divorce, and it is returned to the Sunnah. However, if he repeats it, saying: "Divorced, then divorced, then divorced," or "You are divorced, you are divorced, you are divorced," and intends to effect the three divorces, or does not intend emphasis or clarification, but simply utters it thus: "You are divorced, you are divorced, you are divorced," the divorce takes effect, and the divorce takes effect as three.
As for divorce during menstruation or post-natal bleeding, this is a matter of disagreement among the scholars. The opinion that it does not take effect is very strong; because it contradicts the command of Allah; so it does not take effect. But the majority, and the most of the scholars, hold that it takes effect. The apparent meaning of the Sunnah and the apparent meaning of the legal principles is that it does not take effect. A group of the Tabi'un issued a fatwa to this effect, and Ibn Umar himself (may Allah be pleased with him), upon whom the incident occurred, issued a fatwa that it does not take effect; because it contradicted the Sunnah, it contradicted the Shari'ah.
Question: Does bid'ah divorce not take effect?
Answer: The one during menstruation and post-natal bleeding, according to some scholars. As for pronouncing three divorces all at once, this takes effect as one if it is by a single phrase, "You are divorced three times" or "You are divorced three times," it takes effect as one.
However, if he repeats it, saying: "You are divorced, you are divorced, you are divorced," and does not intend emphasis or clarification, but intends all three, or does not intend anything, but simply repeats it, and so on; the three take effect. Or if he says: "You are divorced, then divorced, then divorced," or divorces her today, then divorces her tomorrow, then divorces her the day after tomorrow within the waiting period; the divorce has taken effect with her.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.