I used to work in a certain area in an Arab country, and I saw there a man who had divorced his wife three times, and she is still residing with him in his house, and several years have passed since then
Machine translationRead the Arabic original
The questioner : I used to work in a certain area in an Arab country, and I saw there a man who had divorced his wife three times, and she is still residing with him in his house, and several years have passed since then. Is that permissible in the Shari'ah in your view? Please inform us, may Allah reward you.
The Shaykh : The three divorces occur in three ways: that they be one divorce after another, with a return to the husband in between, either by taking her back during the waiting period or by a new marriage contract. In this case, the wife is forbidden to her husband by explicit text and scholarly consensus until she marries another husband, based on the saying of Allah the Exalted:[Al-Baqarah 2:229] up to His saying: [Al-Baqarah 2:230] meaning the second husband, [Al-Baqarah 2:229] meaning regarding the woman and her first husband, [Al-Baqarah 2:230]. An example of this is if a man divorces his wife once, then takes her back, or her waiting period ends and he marries her with a new contract, then divorces her a second time, then takes her back or her waiting period ends and he marries her with a new contract, then divorces her a third time. In this case, she is not lawful to him by explicit text and scholarly consensus except after a husband marries her with a valid marriage contract and has intercourse with her.
As for the second case of the three divorces, it is if he says: "You are divorced three times." The third case is if he says: "You are divorced, you are divorced, you are divorced." In these two cases, there is disagreement among the scholars. The majority of scholars hold that the divorce takes effect as three irrevocable divorces, like the first case, and she is not lawful to him except after another husband. Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) chose the opinion that in these two cases, the divorce does not take effect except as one, and that he has the right to take her back as long as she is in the waiting period, and he has the right to contract marriage with her if the waiting period has ended. This opinion is the stronger one in my view. Based on what you have heard, O questioner, if this man who divorced his wife three times divorced her in the manner we mentioned in the other two cases, and then took her back relying on a fatwa from the scholars or on his own independent legal reasoning if he is qualified for it, then she is his wife and there is no blame in that. But if it was the first case, then she is not lawful to him, and you must advise him and make it clear to him that she is forbidden to him. If he is guided to the truth and separates from her, that is good. Otherwise, report him to the authorities so that they do what is obligatory upon them regarding this man.
The questioner : Also, we move on to another question in which the questioner says.
The Shaykh : The three divorces occur in three ways: that they be one divorce after another, with a return to the husband in between, either by taking her back during the waiting period or by a new marriage contract. In this case, the wife is forbidden to her husband by explicit text and scholarly consensus until she marries another husband, based on the saying of Allah the Exalted:
Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment.
الطَّلاقُ مَرَّتَانِ فَإمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍAnd 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
فَإِنْ طَلَّقَهَا فَلا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنكِحَ زَوْجًا غَيْرَهُ فَإِنْ طَلَّقَهَاthen there is no blame upon either of them
فَلا جُنَاحَ عَلَيْهِمَاfor returning to each other if they think that they can keep [within] the limits of Allah
أَنْ يَتَرَاجَعَا إِنْ ظَنَّا أَنْ يُقِيمَا حُدُودَ اللَّهِAs for the second case of the three divorces, it is if he says: "You are divorced three times." The third case is if he says: "You are divorced, you are divorced, you are divorced." In these two cases, there is disagreement among the scholars. The majority of scholars hold that the divorce takes effect as three irrevocable divorces, like the first case, and she is not lawful to him except after another husband. Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) chose the opinion that in these two cases, the divorce does not take effect except as one, and that he has the right to take her back as long as she is in the waiting period, and he has the right to contract marriage with her if the waiting period has ended. This opinion is the stronger one in my view. Based on what you have heard, O questioner, if this man who divorced his wife three times divorced her in the manner we mentioned in the other two cases, and then took her back relying on a fatwa from the scholars or on his own independent legal reasoning if he is qualified for it, then she is his wife and there is no blame in that. But if it was the first case, then she is not lawful to him, and you must advise him and make it clear to him that she is forbidden to him. If he is guided to the truth and separates from her, that is good. Otherwise, report him to the authorities so that they do what is obligatory upon them regarding this man.
The questioner : Also, we move on to another question in which the questioner says.