As-salaam aleikum,
My husband married a second wife (a christian woman) a year ago. A week ago it happened so, the other wife wanted to leave him because it causes too much problems for all of us. So my husband said for her front of my eyes three times I divorce you, i divorce you, i divorce you. The next day he said to her i back you as my wife. As far as I know he has no right to back her before she marries somebody else between. Any opinions? Fatwas?
0
Divorce or no
Started by
Guest_Leeah_*
, Feb 26 2004 11:28 AM
4 replies to this topic
#2 Guest_ammena_1981_*
Posted 26 February 2004 - 11:44 AM
Salam sis,
this is mearly an added question: I thought it wasnt allowed to say the husband divorces the wife three times all at once??? Mayb Im wrong but Im sure I read it somewhere a few days ago.
this is mearly an added question: I thought it wasnt allowed to say the husband divorces the wife three times all at once??? Mayb Im wrong but Im sure I read it somewhere a few days ago.
#3
Posted 26 February 2004 - 01:48 PM
Salam alikom
Giving talaaq (divorce) three times at once is bid’ah
Question :
Could you please let me know according to the Shafi mishep, if a man can give his wife Talaaq tree(3) times at once.
Answer :
Praise be to Allaah.
Giving talaaq (divorce) three times at once is bid’ah, and goes against the aayah (interpretation of the meaning): “… When you divorce women, divorce them at their ‘iddah (prescribed periods)…” [al-Talaaq 65:1]. If a Muslim wants to divorce his wife, he should divorce her according to the Sunnah, which is to give one talaaq at a time when his wife is taahir (not menstruating) and he has not yet had intercourse with her following her period, or when it is clear that she is pregnant. According to the Shaafi’i madhhab and the majority of other madhhabs, giving three talaaqs at once counts as three separate talaaqs and is irrevocable, and the couple cannot remarry until the woman has been married to and divorced from another man. Other scholars say that three talaaqs given at once count as only one talaaq.
And Allaah knows best.
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
Giving talaaq (divorce) three times at once is bid’ah
Question :
Could you please let me know according to the Shafi mishep, if a man can give his wife Talaaq tree(3) times at once.
Answer :
Praise be to Allaah.
Giving talaaq (divorce) three times at once is bid’ah, and goes against the aayah (interpretation of the meaning): “… When you divorce women, divorce them at their ‘iddah (prescribed periods)…” [al-Talaaq 65:1]. If a Muslim wants to divorce his wife, he should divorce her according to the Sunnah, which is to give one talaaq at a time when his wife is taahir (not menstruating) and he has not yet had intercourse with her following her period, or when it is clear that she is pregnant. According to the Shaafi’i madhhab and the majority of other madhhabs, giving three talaaqs at once counts as three separate talaaqs and is irrevocable, and the couple cannot remarry until the woman has been married to and divorced from another man. Other scholars say that three talaaqs given at once count as only one talaaq.
And Allaah knows best.
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
#4
Posted 26 February 2004 - 01:50 PM
Salam alikom
Pronouncing divorce upon the wife three times
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
(www.fatwa-online.com)
Pronouncing divorce upon the wife three times
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
(www.fatwa-online.com)
#5
Posted 26 February 2004 - 01:55 PM
Salam alikom
Three pronouncements of divorce given on a single occasion
Question: If a man makes three pronouncements of divorce at one time, does it count as three divorces or a single divorce?
Answered by Sheikh Muhammad al-Khudayrî
This subject has been thoroughly discussed by Ibn Taymiyah in the introduction of volume thirty three of his book Majmű` al-Fatâwa.
It was also discussed by Ibn al-Qayyim in Ighâthah al-Lahfân min Masâ’d al-Shaytân, in which he says: “It is preferred for the person who wishes to divorce to abide by the commands of Allah and His Messenger.” He then goes on for the next 45 pages discussing this question in the most painstaking detail. He ultimately arrives at the same conclusion as his teacher Ibn Taymiyah. He says: “Three pronouncements of divorce offered during one period of purity between two menstrual cycles count as a single divorce.”
Ibn `Abbâs relates to us the way divorce used to take place at the time of the Companions. He said: “Divorce at the time of the Prophet (peace be upon him), then during Abű Bakr's reign, and first two years of `Umar’s reign was by counting the three pronouncements of divorce as a single divorce. Then `Umar said: ‘People are hastening something in which they have been granted time, so we should put a check to this.' Then he decided to consider the three pronouncements given at once as three divorces.”
`Umar’s ruling is the opinion adopted by the four schools of thought. [Refer to: al-Mabsűt (6/57), al-Muhadhdhab (2/107), and al-Mughnî (8/243)]
There are two opinions on this matter. In consideration of the eveidence and the practice at the time of the Prophet (peace be upon him), the strongest opinion is that three pronouncements of divorce given on one occasion count as a single divorce.
And Allah knows best.
(www.islamtoday.net)
Three pronouncements of divorce given on a single occasion
Question: If a man makes three pronouncements of divorce at one time, does it count as three divorces or a single divorce?
Answered by Sheikh Muhammad al-Khudayrî
This subject has been thoroughly discussed by Ibn Taymiyah in the introduction of volume thirty three of his book Majmű` al-Fatâwa.
It was also discussed by Ibn al-Qayyim in Ighâthah al-Lahfân min Masâ’d al-Shaytân, in which he says: “It is preferred for the person who wishes to divorce to abide by the commands of Allah and His Messenger.” He then goes on for the next 45 pages discussing this question in the most painstaking detail. He ultimately arrives at the same conclusion as his teacher Ibn Taymiyah. He says: “Three pronouncements of divorce offered during one period of purity between two menstrual cycles count as a single divorce.”
Ibn `Abbâs relates to us the way divorce used to take place at the time of the Companions. He said: “Divorce at the time of the Prophet (peace be upon him), then during Abű Bakr's reign, and first two years of `Umar’s reign was by counting the three pronouncements of divorce as a single divorce. Then `Umar said: ‘People are hastening something in which they have been granted time, so we should put a check to this.' Then he decided to consider the three pronouncements given at once as three divorces.”
`Umar’s ruling is the opinion adopted by the four schools of thought. [Refer to: al-Mabsűt (6/57), al-Muhadhdhab (2/107), and al-Mughnî (8/243)]
There are two opinions on this matter. In consideration of the eveidence and the practice at the time of the Prophet (peace be upon him), the strongest opinion is that three pronouncements of divorce given on one occasion count as a single divorce.
And Allah knows best.
(www.islamtoday.net)
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