Source: Aḥkām wa Masā’il, Ṭalāq ke Masā’il, Vol. 1, p. 346
Explanation of Questions and Their Answers
A man divorces his wife with the words “أنتِ بائنٌ.”
Will the divorce given with these words be considered bā’in or rajʿi?
A man sends a note (letter) to his wife containing the words “أنتِ طالقٌ.”
After some time, for example a week later, he assumes that this note did not reach his wife. Based on this assumption, he writes another note containing the same words “أنتِ طالقٌ.” However, with this second note, he does not intend a new divorce, rather he intends the same first divorce written in the first note.
Later, he again assumes that the second note also did not reach his wife. Thus, he sends a third note also containing the words “أنتِ طالقٌ.” In this third note as well, he intends only the first divorce, not a new one.
The question is:
Will such divorces be counted as one rajʿi divorce, or will they be counted as three divorces?
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā baʿd!
You have asked me two questions, and with the help of Allah, the Creator of day and night, their answers are as follows:
✔ “يُعَدُّ طَلاَقًا رَجْعِيًّا”
Meaning: The divorce given with the words “أنتِ بائنٌ” will be considered a rajʿi divorce.
✔ “يُجْعَلُ طَلاَقًا وَاحِدًا رَجْعِيًّا”
Meaning: If a person sends three letters with the words “أنتِ طالقٌ” but each time he intends only the same single divorce and not a new one, then it will be counted as one rajʿi divorce, not three.
ھذا ما عندي والله أعلم بالصواب
Explanation of Questions and Their Answers
❖ Question ①
A man divorces his wife with the words “أنتِ بائنٌ.”
Will the divorce given with these words be considered bā’in or rajʿi?
❖ Question ②
A man sends a note (letter) to his wife containing the words “أنتِ طالقٌ.”
After some time, for example a week later, he assumes that this note did not reach his wife. Based on this assumption, he writes another note containing the same words “أنتِ طالقٌ.” However, with this second note, he does not intend a new divorce, rather he intends the same first divorce written in the first note.
Later, he again assumes that the second note also did not reach his wife. Thus, he sends a third note also containing the words “أنتِ طالقٌ.” In this third note as well, he intends only the first divorce, not a new one.
The question is:
Will such divorces be counted as one rajʿi divorce, or will they be counted as three divorces?
✿ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, Ammā baʿd!
You have asked me two questions, and with the help of Allah, the Creator of day and night, their answers are as follows:
✔ “يُعَدُّ طَلاَقًا رَجْعِيًّا”
Meaning: The divorce given with the words “أنتِ بائنٌ” will be considered a rajʿi divorce.
✔ “يُجْعَلُ طَلاَقًا وَاحِدًا رَجْعِيًّا”
Meaning: If a person sends three letters with the words “أنتِ طالقٌ” but each time he intends only the same single divorce and not a new one, then it will be counted as one rajʿi divorce, not three.
ھذا ما عندي والله أعلم بالصواب
