Ruling on divorcing the wife by saying: "She is divorced, divorced, divorced, Talaq-ul-Battah" From
`Abdul-`Aziz ibn `Abdullah ibn Baz to the honorable brother, His Eminence Shaykh, Chief Justice of the Supreme Shari`ah Court in
Al-Ta'if, may Allah guide you to all goodness, Amen.
As-salamu `alaykum warahmatullah wabarakatuh (May Allah's Peace, Mercy, and Blessings be upon you). To proceed:
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(Part No. 22; Page No. 137) |
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Dear brother, I received your letter no. 1979, dated 8/4/1391 A.H. and examined the attached report in which the judge described the way Talaq (divorce pronounced by a husband) took place. The husband confessed that in a fit of anger he divorced his wife by saying: "She is divorced, divorced, divorced." I also examined the attached divorce paper in which the husband confessed that he divorced his wife willingly while he was mentally competent, by saying: "She is divorced, divorced, divorced, Talaq-ul-Battah (emphasized divorce)." Accordingly, the wife is given major irrevocable divorce (the third and final divorce, after which the man can only remarry the woman if she remarries and that marriage ends lawfully) and she is not lawful for her first husband until she marries another man with the intention of marriage based on free will, not for the purpose of Tahlil (a marriage contracted for the sole purpose of legalizing remarriage between an irrevocably divorced couple), and it must be consummated, because the ex-husband exhausted all times of Talaq by issuing three successive pronouncements of Talaq, expressed with several words, and asserted this by his saying: "Talaq-ul-Battah." I hope you will inform all parties involved of this Fatwa (legal opinion issued by a qualified Muslim scholar). May Allah reward you and bless your efforts.As-salamu `alaykum warahmatullah wabarakatuh.