Book of Divorce

Impact of Number of

Divorces and Other Matters

ماَ يَخْتَلِفُ بِهِ عَدَدُ الطَّلاَقِ وَغَيْرُهُ

Glossary

The Impact of the Number of Divorces and Other Matters

A woman with whom marriage was not consummated shall have a finalized divorce by a single pronouncement. Composite threefold divorce from the free man and twofold from the slave shall make her unmarriageable for him. ¹³⁶⁵ For example, if he says, “You are divorced three times,” or if he says, “You are divorced and divorced and divorced.”

الْمَرْأَةُ إِذاَ لَمْ يُدْخَلْ بِهَا تُبِيْنُهَا اْلطَّلْقَةُ، وَتُحَرِّمُهَا الثَّلاَثُ مِنَ اْلحُرِّ وَاْلاِثْنَتَانِ مِنَ اْلعَبْدِ، إِذَا وَقَعَتْ مَجْمُوْعَةً، كَقَوْلِهِ: أَنْتِ طَالِقٌ ثَلاَثاً، أَوْ أَنْتِ طَالِقٌ وَطَالِقٌ وَطَالِقٌ.

If he pronounces it in succession, such as when he says, “You are divorced, then divorced, then divorced,” or “You are divorced, you are divorced,” or “If I divorce you, then you are divorced,” or “Every time I divorce you, you become divorced,” or “Every time I don't divorce you, you become divorced,” and the like, only one divorce will count. ¹³⁶⁶

وَإِنْ أَوْقَعَهُ مُرَتَّباً، كَقَوْلِهِ: أَنْتِ طَالِقٌ فَطَالِقٌ، أَوْ ثُمَّ طَالِقٌ، أَوْ طَالِقٌ بَلْ طَالِقٌ، أَوْ أَنْتِ طَالِقٌ أَنْتِ طَالِقٌ، أَوْ إِنْ طَلَّقْتُكِ، فَأَنْتِ طَالِقٌ، ثُمَّ طَلَّقَهَا، أَوْ كُلَّمَا طَلَّقْتُكِ، فَأَنْتِ طَالِقٌ، أَوْ كُلَّمَا لَمْ أُطَلِّقْكِ، فَأَنْتِ طَالِقٌ، وَأَشْبَاهَ هَذَا، لَمْ يَقَعْ بِهَا إِلاَّ وَاحِدَةً.

If her marriage was consummated, then all the divorces he pronounces will take effect. ¹³⁶⁷

وَإِنْ كَانَتْ مَدْخُوْلاً بِهَا وَقَعَ بِهَا، جَمِيْعُ مَا أَوْقَعَهُ

1365. Until she genuinely marries another man and consummates the marriage with him, and then he divorces her or dies.

1366. This is still referring to a woman whose marriage has not been consummated. Her divorce becomes finalized immediately, and there is no ‘iddah for her. This means that anything other than composite simultaneous divorces will count as one, because when the first one takes place, her divorce is considered finalized and she is not subject to any more divorces.

1367. Because after the first divorce becomes effective, she is in her waiting period, which means that she is still subject to more divorces (according to the vast majority)..
Remember that according to (t), the threefold divorce counts as one, so the only way three divorces can take place is if the husband takes the wife back after the first divorce, then divorces her again and takes her back, then divorces her a third time.

Whoever doubts the occurrence of divorce or its number, or the number of breastfeedings, should assume only what is certain. ¹³⁶⁸

وَمَنْ شَكَّ فِي الطَّلاَقِ أَوْ عَدَدِهِ، أَوِ الرَّضَاعِ أَوْ عَدَدِهِ، بَنَى عَلىٰ اْليَقِيْنِ.

If he says to his wives, “One of you is divorced,” and he doesn’t intend a particular one, she will be appointed by casting lots. ¹³⁶⁹

وَإِنْ قَالَ لِنِسَائِهِ: إِحْدَاكُنَّ طَالِقٌ، وَلَمْ يَنْوِ وَاحِدَةً بِعَيْنِهَا، أُخْرِجَتْ بِاْلقُرْعَةِ.

If he divorces a part of his wife, whether or not the part is specifically identified, such as her finger or hand, she becomes divorced – except for the

وَإِنْ طَلَّقَ جُزْءًا مِنِ امْرَأَتِهِ مُشَاعًا أَوْ مُعَيَّناً، كَإِصْبَعِهَا أَوْ يَدِهَا، طَلُقَتْ كُلُّهَا، إِلاَّ الظُّفْرَ والسِّنَّ وَالشَّعْرَ وَالرِّيْقَ وَالدَّمْعَ

1368. For example, if he is not sure whether he divorced his wife two or three times, then two of them are considered certain, and the third is doubtful. He will omit the doubtful one and count only the certain ones. The legal maxim invoked here is:

For example, if he is not sure whether he divorced his wife two or three times, then two of them are considered certain, and the third is doubtful. He will omit the doubtful one and count only the certain ones. The legal maxim invoked here is:

الشَّكُّ لا يَزْحَمُ اليَقِينَ

1369. Jesting with Divorce

While addressing the rulings of divorce, Allah said:

{…And do not take the verses [instructions] of Allah in jest...} (al-Baqarah 2: 231)

وَلاَ تَتَّخِذُوَاْ آيَاتِ اللّهِ هُزُواً

Many people did what they were forbidden from, taking the matter of ṭalâq lightly, as shown in some of the scenarios mentioned above. The jurists treated those cases with much strictness in order to deter the masses from such heinous conduct. They based many of their rulings on the following statement of the Messenger of Allah (SA):

“There are three things which, whether undertaken seriously or in jest, are treated as serious: Marriage, divorce and taking back a wife (after divorce).” (T, D, Ma – from Abu Hurayrah. T:S)

ثَلَاثٌ جِدُّهنَّ جِدٌّ وَهَزْلُهُنَّ جِدٌّ: اَلنِّكَاحُ وَالطَّلَاقُ وَالرَّجْعَةُ

When a man divorces an unidentified one of his wives:

(A): She will be appointed by casting lots.

(a) + (-H, -S): He must choose one of them to divorce.

(-M): All of them become divorced.

nails, teeth, saliva, tears, and their like; divorcing those does not result in her divorce. ¹³⁷⁰

وَنَحْوَهُ لاَ تَطْلُقُ بِهِ.

If he says, “You are divorced by half of a divorce,” or less than that, she becomes divorced once. ¹³⁷¹

وَإِنْ قَالَ: أَنْتِ طَالِقٌ نِصْفَ تَطْلِيْقَةٍ، أَوْ أَقَلَّ مِنْ هَذَا، طَلُقَتْ وَاحِدَةً.

1370. The parts mentioned here are not considered integral living parts of the body. Therefore, if he divorces his wife’s hair, nails, or teeth, she does not become divorced.
Remember it was the people who came up with this foolishness, not the scholars. The scholars were only reacting to real life scenarios the people innovated.

1371. This is because ṭalâq in jest will be counted against the person who has no respect for the bounds of Allah. See the hadith above about jesting in ṭalâq.

Impact of Number of Divorces and Other Matters

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Book of Divorce

Impact of Number of

Divorces and Other Matters

ماَ يَخْتَلِفُ بِهِ عَدَدُ الطَّلاَقِ وَغَيْرُهُ

Introduction

The Book of Purification

The Book of Prayer

The Book of Funerals

The Book of Fasting

The Book of Hajj and 'Umrah

Book of Zakat

The Book of Selling and Commercial Transactions

The Book of Bequests

The Book of Inheritance

The Book of Marriage

The Book of Divorce

The Book of Sadaq

The Book of Dhihar

The Book of Lian

The Book of Foods

The Book of Oaths

Book of Fatal and Non-Fatal Assault

The Book of Indemnities

The Book of Hudood

The Book of Jihad

The Book of the Judiciary

The Book of Testimonies

Appendix

Glossary

Impact of Number of Divorces and Other Matters