Category: Divorce (Talaaq)
Fatwa#: 36419
Asked Country: United Arab Emirates

Answered Date: Nov 23,2017

Title: I have divorced my wife!

Question

Assalam alykum shiekh I was married before 2 years and now im divorced, it all happened in a span of 3 months i said she is divorced and later we got back together and then again later i repeated the same told her she is divorced and after a week was back with her and then for the third time, my question i want to clarify does this mean that i have divorced her three times and can only get back to her if she remarries another man and happens to get divorced? Jazak Allah khair

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Your conduct of divorcing your wife three times within a short period of time of three months is unfortunate. You should learn how to exercise restraint and tolerance.

 

Nevertheless, if you said the words ‘she is divorced’ twice to your wife, and after each time you took your wife back, then after that you said the words ‘she is divorced’ again for the third time, then this would constitute a Talaq e Mughallazah (permanently irrevocable divorce). Reconciliation may take place only after the process of Halalah. That is, if she marries someone else after her Iddat and her marriage is consummated, and if for some reason her second husband divorces her, and she completes her Iddat of that divorce, then only will you be able to remarry her if she agrees.[i] 

 

 

Checked and Approved by,
Mufti Ebrahim Desai



[i]

الهداية في شرح بداية المبتدي (2/ 257)

وإن كان الطلاق ثلاثا في الحرة أو ثنتين في الأمة لم تحل له حتى تنكح زوجا غيره نكاحا صحيحا ويدخل بها ثم يطلقها أو يموت عنها

 

كنز الدقائق (ص: 290)

وينكح مبانته في العدّة وبعدها

لا المبانة بالثّلاث لو حرّةً وبالثّنتين لو أمةً حتّى يطأها غيره، ولو مراهقًا بنكاحٍ صحيحٍ وتمضي عدّته

 

الفتاوى الهندية (1/ 473)

وَإِنْ كَانَ الطَّلَاقُ ثَلَاثًا فِي الْحُرَّةِ وَثِنْتَيْنِ فِي الْأَمَةِ لَمْ تَحِلَّ لَهُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ نِكَاحًا صَحِيحًا وَيَدْخُلَ بِهَا ثُمَّ يُطَلِّقَهَا أَوْ يَمُوتَ عَنْهَ

 

 

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