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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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A man divorced his wife three times before consummating the marriage; is the verse applied to him?

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The questioner : My Shaykh, a man divorced his wife and did not consummate the marriage. If he wants to take her back, is the verse applied to him—meaning it is not lawful for him until she marries another husband—or is there another situation for her?

The Shaykh
she is not lawful to him afterward until [after] she marries a husband other than him فَلَا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ
[Al-Baqarah 2:230]
, and by Allah, I think I reviewed the case. I think it is not a condition, as long as he did not consummate the marriage with her, as long as he did not consummate the marriage with her.

The questioner: Yes.

The Shaykh : And the one who does not become lawful is the one who was divorced three times.

The questioner : And this means she may be divorced; meaning, it is possible she is divorced three times.

The Shaykh : How is your question? You are asking: How did he divorce her?

The questioner : This is the incident that occurred.

The Shaykh : How?

The questioner : That a woman was divorced three times, and he wanted to take her back; does he take her back, or is the verse applied to him?

The Shaykh : How do you visualize this case when we enter into researching it... A man contracted marriage with his wife, divorced her three times, and between each divorce and the next, did he wait out the waiting period, or how?

The questioner : By Allah, the question.

The Shaykh : Did the case occur or not?

The questioner : Yes, in the Emirates, actually, one of the brothers asked me about it.

The Shaykh : How did the case occur?

The questioner : By Allah, I do not know if there was a waiting period for the 'iddah. He said that she was divorced three times.

The Shaykh : I visualize that she was divorced three times as many of the Shaykhs understand it; meaning, all at once.

The questioner : He said to her: You are divorced, you are divorced, you are divorced.

The Shaykh : Yes, and this is considered one divorce, not three.

The questioner : One divorce. Okay, if we assume, my Shaykh, the detailed, legally proper divorce, which is waiting out the 'iddah.

The Shaykh: Yes.

The questioner : So does he also marry her, or until she marries another husband, assuming the legally proper divorce?

The Shaykh : He divorced her three times, meaning?

The questioner : Yes, the legally proper divorce.

The Shaykh : Between each divorce, there is an 'iddah.

The questioner: Yes.

The Shaykh : I do not have it in my memory right now... because I fear making a mistake in such a case; especially if it is transmitted. Perhaps you can remind me so I can review it.

The questioner : If Allah wills.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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