rather than major irrevocable separation. He may marry the woman under a new contract. But if she expressly offers compensation for the prohibited third divorce, intending to become unlawful to him until she marries another husband, then she has offered compensation for something other than minor irrevocable separation. This resembles her offering compensation for release on condition that he retain the right to take her back. His stipulating the right to take her back in a release for compensation resembles her stipulating, in that release, a divorce that renders her unlawful to him. In this situation, he has the power to pronounce the third divorce that renders her unlawful to him, just as he previously had the power to pronounce a revocable divorce. And Allah, glorified be He, knows best.

Shaykh al-Islām—may Allah have mercy on him—said:

In the name of Allah, the Most Merciful, the Bestower of Mercy.

Praise be to Allah. We seek His help and forgiveness, and we seek refuge in Allah from the evil within ourselves and from our evil deeds. Whoever Allah guides, none can lead astray, and whoever He leads astray, none can guide. I bear witness that none has the right to be worshipped except Allah alone, with no partner, and I bear witness that Muhammad is His servant and Messenger. May Allah bless him and his family and grant them abundant peace.

Section: Separation That Counts toward the Three Divorces and Separation That Does Not

The division of separation into these two categories is, as far as I believe, agreed upon among Muslims. For if something were to arise between the spouses that made marriage between them permanently unlawful, without either of them choosing it