Is a divorce valid if the husband uttered the words "divorced by three and everything permissible becomes forbidden" twice consecutively within five minutes, knowing that he first uttered the divorce, then went outside the house and repeated the utterance, then went to the window and repeated the utterance again?
It is evident that the husband divorced his wife with three separate repudiations, and that the woman has become irrevocably divorced from him with a major divorce (baynunah kubra) according to the majority of scholars. The husband is bound by his statement, "divorced by three," as he explicitly declared. Scholars differ regarding the ruling on divorce pronounced with multiple phrases; some deem all of them binding, while others consider it a single divorce. As for the husband's statement, "every time she becomes lawful, she becomes unlawful again," there are two scholarly opinions concerning it: either it has no effect, or it incurs an expiation (kuffarah) for Dhihar or an oath. The woman must document the divorce with proof, request a document from the husband, or resort to the judge.
It must also be noted that fear, which implies submission, humiliation, and the belief in benefit and harm, belongs solely to Allah Almighty. Fear of anyone other than Allah with this meaning is considered major shirk (polytheism). Therefore, the statement "I fear Allah and His Messenger" is incorrect, and one must repent from it and confine fear to Allah alone.
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- Source platform
- Ftawy
- Original fatwa ID
- 60487
- Imported
- Translation status
- Source text, unreviewed
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