Fatwa No : 77752
Ruling on saying "I divorce you not once, but ten times"

Ruling on saying "I divorce you not once, but ten times"

What do the scholars say about the following issue:
For the past six years, my husband was having an affair with his ex-girlfriend. Once, I caught him red-handed, for which he beat me and took away my mobile phone. When the agonies became unbearable, I asked him for separation for which, he replied, "I divorce you not once, but ten times." In these six years, whenever there was a fight or quarrel between us and I asked him to divorce me, he would say to me, "Yes! I divorce you not once, but ten times." He has said this many times. After that, when there was a fight between us and I asked him to leave me in my parents’ house, he would say, "Go away on your own. I divorced you a long time ago. Get out of my sight. I have no connection what so ever with you." He has also said these words many times. Now, what is the ruling for us? Please answer as soon as possible! Jazakallahu Khaira.

الجوابُ حامِدا ًو مُصلیِّا ً

If the statement in the question is correct and based on facts, and does not contain any misrepresentation or falsehood, then no sooner than the husband pronounced the said words "I divorce you not once but ten times" during a quarrel, the three irrevocable divorces have occurred on the wife and the prohibition of the marriage has been proven. After that, the words of divorce pronounced on other occasions have become ineffective due to the non-existence of room for divorce. Now, there is no recourse and without the process of the Shar’i Halala , the marriage contract cannot be re executed. Thereafter, it is unlawful and forbidden for the two of them to live together as husband and wife. Hence, it is obligatory on both of them to immediately separate from each other and never establish marital relations, or else both of them will be grave sinners. As for the woman, she is free to marry in another place after the expiry of the waiting period of Iddat.

مأخَذُ الفَتوی

کما فی الفتاوی الھندیۃ: رجل قال لامرأته: "هزار طلاق ترا"، وقع الثلاث، رجل قال لامرأته في حال مذاكرة الطلاق: ’’هزار طلاق بدامنت دركردم‘‘ طلقت ثلاثًا اھ (380/1)۔
وفیھا أیضاً: وإذا قال لها: أنت طالق كعدد الألف أو كعدد ثلاث أو مثل عدد ثلاث، فهي ثلاث في القضاء و فيما بينه وبين الله تعالى ولو نوى غير ذلك فنيته باطلة، هكذا في البدائع اھ (370/1)۔
وفیھا ایضاً: وإن كان الطلاق ثلاثا في الحرة وثنتين في الأمة لم تحل له حتى تنكح زوجا غيره نكاحا صحيحا ويدخل بها ثم يطلقها أو يموت عنها كذا في الهداية اھ (473/1)۔