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(Book 29, Hadith 7) #36224
Divorce Pronouncement Requirements

SUMMARY: Strong statements such as "I cut myself off from you" or "You are abandoned" are considered as three pronouncements of divorce for a woman whose marriage has been consummated. For a woman whose marriage has not been consummated, the man is asked to make an oath on his deen to confirm whether he intended one or three pronouncements of divorce.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar said that statements like "I cut myself off from you",or"You are abandoned", were considered as three pronouncements of divorce. Malik said that any strong statements such as these or others were considered as three pronouncements of divorce for a woman whose marriage had been consummated. In the case of a woman whose marriage had not been consummated, the man was asked to make an oath on his deen, as to whether he had intended one or three pronouncements of divorce. If he had intended one pronouncement, he was asked to make an oath by Allah to confirm it, and he became a suitor among other suitors, because a woman whose marriage had been consummated, required three pronouncements of divorce to make her inaccessible for the husband, whilst only one pronouncement was needed to make a woman whose marriage had not been consummated inaccessible. Malik added, "That is the best of what I have heard about the matter".
وَحَدَّثَنِي عَنْ مَالِكٍ، عَنْ نَافِعٍ، أَنَّ عَبْدَ اللَّهِ بْنَ عُمَرَ، كَانَ يَقُولُ فِي الْخَلِيَّةِ وَالْبَرِيَّةِ إِنَّهَا ثَلاَثُ تَطْلِيقَاتٍ كُلُّ وَاحِدَةٍ مِنْهُمَا

TOPICS
divorce  *  marriage  *  consummation  *  oath  *  talaaq  *  nikah  *  kaboolerishta  *  yameen

QUICK LESSONS:
Be careful with your words ; Think before speaking ; Respect emotions ; Follow Islamic teachings regarding marriages & divorces .

EXPLANATIONS:
This hadith discusses the requirements for pronouncing divorce in Islam. According to this hadith, if a man makes strong statements such as “I cut myself off from you” or “You are abandoned”, it is considered as three pronouncements of divorce for a woman whose marriage has been consummated. However, if the marriage has not been consummated yet then only one pronouncement is needed and in order to confirm this intention, the man must make an oath by Allah on his deen. This hadith also teaches us that it is important to be careful with our words and think before we speak because our words can have serious consequences and implications in life especially when it comes to matters like marriage and divorce which involve two people's lives and emotions.

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