Divorcing one's wife while she is pregnant
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Fatwa number ( 314 )
Q: I divorced my wife (M.S.S.) while she was pregnant, with one pronouncement of divorce. She then gave birth to a daughter, and each of us desires to return to the other. Please issue a ruling on this matter.
A: If the matter is as you described, that you divorced your wife while she was pregnant, and she then gave birth, it is permissible for you to take her back with a new contract and a new mahr, with her consent, because she has exited the waiting period by giving birth. This is provided that this divorce was not the third of three pronouncements. However, if it was the third of three pronouncements, she is not lawful for you until she marries another husband in a valid marriage, and he consummates the marriage with her, then divorces her and her waiting period ends. After that, you may marry her. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
two new ones with her consent for her to exit the waiting period by delivering the fetus, provided that this divorce of yours is not the third of three divorces. However, if it is the third of three divorces, she is not lawful for you until she marries another husband in a valid marriage, and he has intercourse with her, then divorces her and her waiting period ends, after which you may marry her. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I divorced my wife (M.S.S.) while she was pregnant, with one pronouncement of divorce. She then gave birth to a daughter, and each of us desires to return to the other. Please issue a ruling on this matter.
A: If the matter is as you described, that you divorced your wife while she was pregnant, and she then gave birth, it is permissible for you to take her back with a new contract and a new mahr, with her consent, because she has exited the waiting period by giving birth. This is provided that this divorce was not the third of three pronouncements. However, if it was the third of three pronouncements, she is not lawful for you until she marries another husband in a valid marriage, and he consummates the marriage with her, then divorces her and her waiting period ends. After that, you may marry her. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
two new ones with her consent for her to exit the waiting period by delivering the fetus, provided that this divorce of yours is not the third of three divorces. However, if it is the third of three divorces, she is not lawful for you until she marries another husband in a valid marriage, and he has intercourse with her, then divorces her and her waiting period ends, after which you may marry her. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.
