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Pronouncing
divorce upon the wife three times
*Please appropriately reference
this fatwa to: www.fatwa-online.com, thankyou!*
Question:
A man had a quarrel with his wife and she verbally abused
him. So he said to her: "You are divorced!" She
repeated her abuse, so he replied again by saying: "You
are divorced!" And they continued like this, such that
the man had said to his wife: "You are divorced!"
more than three times. So what is the ruling in this situation?
Response:
The ruling in this situation is that his wife has (become)
separated from him, this is because he verbally divorced her
(by pronouncing: "You are divorced!") three times,
and as such she becomes irrevocably divorced from him. She
is not (now) permissible for him (to approach) until another
man marries her of his wish and not as tahleel (whereby he
marries the divorced woman and then after consumating the
marriage he divorces her so as to facilitate the first husband
re-marrying his divorced wife).
Allaah
(Subhaanahu
wa Ta'aala)
says:
{And
if he has divorced her (the third time), then she is not lawful
unto him thereafter until she has married another husband.
Then, if the other husband divorces her, it is no sin on both
of them that they reunite, provided they feel that they can
keep the limits ordained by Allaah}, [Soorah
al-Baqarah, Aayah
230]
Shaykh
Saalih ibn Fowzaan
'Ishratun-Nisaa wa Hill al-Khilaafaat az-Zowjiyyah - Page
205-206
al-Muntaqaa min Fataawa al-Fowzaan - Volume 5, Pages 271-272
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