122- Waiving the remaining part of Mahrcomes under the same ruling as Khul` From `Abdul-`Aziz ibn `Abdullah ibn Baz to the respected brother, Judge of Qina and Al-Bahr, may Allah protect and support you! Amen. 
As-salamu alaykum warahmatullah wabarakatuh (May Allah's Peace, Mercy, and Blessings be upon you!)I received your noble letter no. 435, dated 20/08/1392 A. H. I read the attached document, which reads: "From the Judge of Qina and Al-Bahr and in reference to the letter sent by His Eminence Shaykh `Abdul-`Aziz ibn `Abdullah ibn Baz no. 1457, dated 04/08/1392 A. H. in which His Eminence mentioned that a husband came to him and told him that he was angry with his wife and so pronounced a triple Talaq (divorce pronounced by a husband) in one word. The man mentioned that he had not pronounced any Talaq before. The Shaykh decided that the husband had to come to the court along with his wife and her Waliy (a legally accountable person acting for a woman regarding marriage) |
| (Part No. 21; Page No. 267) |
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in order to ask the wife and her Waliy about what had been stated by the husband, and to ask the wife about her desire to go back in marriage to her husband, if this is Islamically lawful. The Shaykh asked to be notified of their answers. The wife and her Waliy thus came to the court. The wife testified that a dispute occurred between her and her husband, so that he said to her: "You are divorced" three times. He did so after they had agreed that she would waive the part of her Mahr (mandatory gift to a bride from her groom) that her husband owes her. On the other hand, the Waliy mentioned that one day the husband concerned came along with two witnesses and a clerk and said in front of everybody: "My wife is divorced three times. She is unlawful to me." He gave her the document. The two witnesses testified that this is true and added that the Talaq was based on her waiving the remaining part of the Mahr, and that they were there to bear witness to this. I also read the completion that you wrote at the end of your letter referred to above in which you stated that the wife desires to resume the marriage.
Based on all this information, my answer to the husband concerned is that only one Talaq is counted and that he may remarry his wife through a new marriage contract that meets all the Shar`y (Islamic legal) conditions. This is because the Talaq in question is equivalent to Khul` (divorce at the request of the wife in return for compensation to the husband). It is worth mentioning that there is a Sahih (authentic) Hadith |
| (Part No. 21; Page No. 268) |
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on the authority of Ibn `Abbas (may Allah be pleased with them both) to the effect that such Talaq is considered only one Talaq. I, thus, hope Your Eminence will convey this to all those concerned and inform the husband that it is not permissible to give three pronouncements of Talaq in one session, and that he has to offer Tawbah (repentance to Allah) for doing so. May Allah reward you with the best for the help you provided for this husband and wife. Salamu alaykum warahmatullah wabarakatuh.