He divorced her three times, obtained a fatwa, and continued to have intercourse with her
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Fatwa No. ( 825 )
Q: A woman was divorced by her husband with three separate divorces, and each divorce was followed by a fatwa confirming its validity. In the final divorce, a fatwa was issued stating that the wife is forbidden to him unless she marries another man. However, the husband claims that he consulted a certain person who issued a fatwa stating that if a wife has a number of children, she does not become forbidden to her husband regardless of the number of divorces. After that, the husband continued to have intercourse with his ex-wife and fathered
two daughters from her. What is the ruling on these two daughters? The man is still having intercourse with this woman whom he finally divorced and who was ruled forbidden to him. What is the ruling of the Shari'ah?
A: If the matter is as described, namely that the divorce was three separate divorces and their validity and occurrence are established, then if it is confirmed that the divorcer took back his ex-wife during the waiting period after each of the first and second divorces, his ex-wife does not become lawful to him until she marries another man in a marriage that is considered valid by the Shari'ah. If the second husband divorces her or dies, she becomes lawful to the one who divorced her three times with a new contract and a new mahr, with her consent, and with the fulfillment of the remaining conditions of marriage. However, if the one who divorced her three separate times did not take back his ex-wife after the first divorce at all, or took her back after the completion of her waiting period, then his second divorce is not considered valid, and neither is the third, due to the absence of the subject of the divorce. He may contract a new marriage with her, and she remains with him with two remaining divorces. If he took her back after the first divorce during the waiting period, but did not take her back after the second, or took her back after the end of her waiting period, then his third divorce is not considered valid due to the absence of the subject of the divorce. The two previous divorces are counted, and he may marry her with a new contract and a new mahr with her consent, and he will have one remaining divorce with her in the marital life. In any of the three cases where the wife became divorced
with a major final divorce, as in the first case, or a minor final divorce, as in the second and third cases, his intercourse with her without a contract is intercourse of doubt if he was ignorant. His two daughters who were born after the final divorce without a contract are attributed to him. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A woman was divorced by her husband with three separate divorces, and each divorce was followed by a fatwa confirming its validity. In the final divorce, a fatwa was issued stating that the wife is forbidden to him unless she marries another man. However, the husband claims that he consulted a certain person who issued a fatwa stating that if a wife has a number of children, she does not become forbidden to her husband regardless of the number of divorces. After that, the husband continued to have intercourse with his ex-wife and fathered
two daughters from her. What is the ruling on these two daughters? The man is still having intercourse with this woman whom he finally divorced and who was ruled forbidden to him. What is the ruling of the Shari'ah?
A: If the matter is as described, namely that the divorce was three separate divorces and their validity and occurrence are established, then if it is confirmed that the divorcer took back his ex-wife during the waiting period after each of the first and second divorces, his ex-wife does not become lawful to him until she marries another man in a marriage that is considered valid by the Shari'ah. If the second husband divorces her or dies, she becomes lawful to the one who divorced her three times with a new contract and a new mahr, with her consent, and with the fulfillment of the remaining conditions of marriage. However, if the one who divorced her three separate times did not take back his ex-wife after the first divorce at all, or took her back after the completion of her waiting period, then his second divorce is not considered valid, and neither is the third, due to the absence of the subject of the divorce. He may contract a new marriage with her, and she remains with him with two remaining divorces. If he took her back after the first divorce during the waiting period, but did not take her back after the second, or took her back after the end of her waiting period, then his third divorce is not considered valid due to the absence of the subject of the divorce. The two previous divorces are counted, and he may marry her with a new contract and a new mahr with her consent, and he will have one remaining divorce with her in the marital life. In any of the three cases where the wife became divorced
with a major final divorce, as in the first case, or a minor final divorce, as in the second and third cases, his intercourse with her without a contract is intercourse of doubt if he was ignorant. His two daughters who were born after the final divorce without a contract are attributed to him. 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.