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Fatwa CenterSaid divorce but didn't know what he was saying
Question
I'm Muslim and I don't know if I say divorce to my wife this is divorce but I say it more 3 times and yesterday I read some Hadeeth. If man say divorce to his wife that is I don't know what I can do because I don't know this Hadeeth before and I style I don't want divorce.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
It appears, Allaah knows best, that uttering the term 'divorce' while not knowing the consequences that result after uttering this word, and uttering such a term without being negligent in seeking religious knowledge and asking [about the ruling], in case of a new Muslim, or that if you grew up in an environment that is very far away from knowledge and religion, then divorce does not take place. But if you had uttered such a word while you were able to acquire [religious] knowledge but you were negligent, and you grew up in an environment where there are Islamic centres, then divorce takes place.
Al-Haythami
was asked about a similar issue to this one; it was a woman who claimed that she was unaware of the consequences of divorce in return for a compensation (i.e. Khul'). So he said to her: 'The preponderant opinion, based on cases similar to this one, is that if the woman lives in a town or village where people know such matters, then her claim is not accepted from her. So divorce takes place and she has to return the money. However, if this woman grew up in a countryside where people are unaware of these matters, then her claim is accepted and divorce does not take place, and she does not have to pay the money.'
Ibn 'Abdul-Salaam said: 'If an Arab person utters some Arabic words but he/she does not know their Islamic implementation, he is not held accountable for anything because he does not know their meaning, but if he knows the meaning and intends what he says then he is held accountable.' [Al-Haythami considers that the statement of Ibn 'Abdul-Salaam is in relation to a person who did not socialize with Muslims]
Finally, we draw your attention to the following:
1) If a husband divorces his wife for the third time, then that is an irrevocable divorce, so he cannot take her back until she marries another man and consummate the marriage, then he dies or divorces her; and then after her waiting period, he can marry her again.
2) A Muslim should not act or say something without knowing the ruling that applies to it. Allaah says (which means): {So ask the people of the message [i.e. former scriptures] if you do not know.}[Qur'an 16:43].
Allaah knows best.
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