If a man divorces his wife three times, can he return to her with a new contract on his rights?
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Fatwa No. ( 20091 )
Q: I married according to the school of Imam Abu Hanifah al-Nu'man and have now divorced my wife three times. Is it permissible for me to marry my wife again with a new mahr and a new contract according to another school of jurisprudence, without a muhallil? I am aware that one of the brothers told me that this is the opinion of Abu Ishaq.
A: If a man divorces his wife with three separate divorces, she is divorced from him with a major final divorce, and she is forbidden to him and does not become lawful to him until she marries another husband, a marriage of desire, not a marriage for the purpose of facilitating remarriage, and he has intercourse with her and then divorces her of his own desire. This is by the consensus of the scholars, and there is no disagreement in it, due to the explicit text of Allah in His Noble Book. He said, the Exalted:[Al-Baqarah 2:229] to
His saying, the Exalted:[Al-Baqarah 2:230] And whoever goes to other than that, his disagreement is of no account and is not considered; because it is outside the consensus of the scholars and contrary to the explicit text, and there is no independent legal reasoning in the face of an explicit text. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I married according to the school of Imam Abu Hanifah al-Nu'man and have now divorced my wife three times. Is it permissible for me to marry my wife again with a new mahr and a new contract according to another school of jurisprudence, without a muhallil? I am aware that one of the brothers told me that this is the opinion of Abu Ishaq.
A: If a man divorces his wife with three separate divorces, she is divorced from him with a major final divorce, and she is forbidden to him and does not become lawful to him until she marries another husband, a marriage of desire, not a marriage for the purpose of facilitating remarriage, and he has intercourse with her and then divorces her of his own desire. This is by the consensus of the scholars, and there is no disagreement in it, due to the explicit text of Allah in His Noble Book. He said, the Exalted:
Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment.
الطَّلاقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍHis saying, the Exalted:
And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him. And if the latter husband divorces her [or dies], there is no blame upon the woman and her former husband for returning to each other if they think that they can keep [within] the limits of Allah
فَإِنْ طَلَّقَهَا فَلا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ فَإِنْ طَلَّقَهَا فَلا جُنَاحَ عَلَيْهِمَا أَنْ يَتَرَاجَعَا إِنْ ظَنَّا أَنْ يُقِيمَا حُدُودَ اللَّهِ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.