Pronouncing divorce upon the wife three times

Reference: Ishratun-Nisaa wa Hill al-Khilaafaat az-Zowjiyyah – Page 205-206
al-Muntaqaa min Fataawa al-Fowzaan – Volume 5, Pages 271-272

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 consummating 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]

He is a graduate of the Islaamic University of Madeenah, having graduated from the Institute of Arabic Language, and later the Faculty of Sharee'ah in 2004. He currently resides in Birmingham, UK.

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