Divorce by three pronouncements: Is it permissible for him to take her back?
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Fatwa No. ( 61 )
Q: I said to my wife: "You are divorced" while I was angry. Then I took her back into my protection. Then I divorced her in the Sharia court. After several years, I returned to her with a new marriage contract. Then I said to her: "You are divorced," and we wrote a non-official divorce paper. She was pregnant this time, so she gave birth to a
male child in her brother's house. Is it permissible in the Sharia for me to take her back into my protection?
A: Since you mentioned that you divorced her while angry, then divorced her again, then took her back with a new contract, and then divorced her while she was pregnant and she gave birth—regarding the second and third pronouncements, they are effective. As for the first one, if the anger you mentioned was such that you lost your awareness to the extent that you did not know what you were saying and could not control yourself, but you stated that you divorced her and you have evidence to prove that—then this pronouncement is not effective. If it is established that it was not effective, you may take your wife back with a new contract if she is willing. If you do not have evidence to prove the anger that causes you to lose your sense—then she is not permissible for you until she marries another husband, he enters into marital relations with her and divorces her, and she completes her waiting period. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I said to my wife: "You are divorced" while I was angry. Then I took her back into my protection. Then I divorced her in the Sharia court. After several years, I returned to her with a new marriage contract. Then I said to her: "You are divorced," and we wrote a non-official divorce paper. She was pregnant this time, so she gave birth to a
male child in her brother's house. Is it permissible in the Sharia for me to take her back into my protection?
A: Since you mentioned that you divorced her while angry, then divorced her again, then took her back with a new contract, and then divorced her while she was pregnant and she gave birth—regarding the second and third pronouncements, they are effective. As for the first one, if the anger you mentioned was such that you lost your awareness to the extent that you did not know what you were saying and could not control yourself, but you stated that you divorced her and you have evidence to prove that—then this pronouncement is not effective. If it is established that it was not effective, you may take your wife back with a new contract if she is willing. If you do not have evidence to prove the anger that causes you to lose your sense—then she is not permissible for you until she marries another husband, he enters into marital relations with her and divorces her, and she completes her waiting period. 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.