A man divorced his wife, then took her back during the waiting period, then divorced her a second time until she completed the waiting period, and she went to her family’s house.
Machine translationRead the Arabic original
The questioner : I have a question... in the case of marriage or divorce, a man divorced his wife, then took her back during the first waiting period, then divorced her a second time?
The Shaykh : During the waiting period or after the waiting period?
The questioner : After the waiting period.
The Shaykh: All right.
The questioner : He divorced her a second time until she completed the waiting period, and she went to her family’s house, then he took her back with a contract as is known; is it permissible for him, or do we say that after taking her back in the second contract, if he divorces her after that, it is permissible for him to divorce her three times, meaning?
The Shaykh : Yes, with this contract, it is as if she were a woman
The questioner : new.
The Shaykh : who did not know him and did not get to know him at all, like a first contract.
The questioner : Like a first contract.
The Shaykh: Yes.
The questioner : And it is permissible for him to divorce her...?
The Shaykh : He divorces her three times.
The questioner: Yes.
The Shaykh : As long as her first waiting period has ended.
The questioner: Yes.
The Shaykh : The second one.
Abu Khalid: The second one.
The Shaykh : Is that not so?
The questioner: Yes.
The Shaykh : The second waiting period ended, so she became free with this divorce, as long as the waiting period has ended.
The questioner: Yes.
The Shaykh : So she can marry herself to him or to someone else, so just as she became free here, with her freedom she returned to her first husband with a new contract.
The questioner: Yes.
The Shaykh : So she is like a new wife; so does he have three divorces over her?
Abu Khalid: Meaning in this case, then, the man can marry a woman and divorce her more than three times as mentioned in the Qur'an;.
The Shaykh : No, because in the Qur'an the verse is completed.
The questioner: Yes.
The Shaykh :[Al-Baqarah 2:229] .
The questioner: Yes.
The Shaykh : If he divorces her in the third [divorce].
The questioner: Yes.
The Shaykh : And she is with him in his protection.
The questioner: Yes.
The Shaykh : But this situation is not in his protection, the second situation is not in his protection.
The questioner : She is not in his protection.
The Shaykh : Yes.
Another questioner : But.
The questioner : Because the reality, the concept in this matter, meaning for a person or for most people, is that once she has been divorced twice, whether the waiting period ended and she was brought back with a contract, or she did not delay in one of the three divorces; so on this basis, there is a leeway for Muslims in this matter.
The Shaykh : Of course, but this divorce - my brother - mentioned in the Qur'an is the revocable divorce, so if the waiting period passes and she becomes free; then it is not a revocable divorce; because what is the meaning of revocable divorce? It means he takes her back into his protection against her will!
The questioner : During the waiting period.
The Shaykh : Yes, and as long as the situation asked about is that she became free because of the end of what? Her waiting period; so she is as if he married her anew, yes.
The questioner : Shaykh, in this situation, it is as if he is allowed to divorce her five times, not three?
The Shaykh : This is a repetition of the previous discussion, divorcing five after a waiting period or without a waiting period? During the waiting period or outside the waiting period.
The questioner : Regarding Abu Khalid’s question exactly.
The Shaykh : It is not regarding the answer that was directed to Abu Khalid.
The questioner : Meaning five times?
Another questioner: Have you finished, Abu 'Abdullah?
Another questioner: May Allah reward you with good.
The Shaykh : During the waiting period or after the waiting period?
The questioner : After the waiting period.
The Shaykh: All right.
The questioner : He divorced her a second time until she completed the waiting period, and she went to her family’s house, then he took her back with a contract as is known; is it permissible for him, or do we say that after taking her back in the second contract, if he divorces her after that, it is permissible for him to divorce her three times, meaning?
The Shaykh : Yes, with this contract, it is as if she were a woman
The questioner : new.
The Shaykh : who did not know him and did not get to know him at all, like a first contract.
The questioner : Like a first contract.
The Shaykh: Yes.
The questioner : And it is permissible for him to divorce her...?
The Shaykh : He divorces her three times.
The questioner: Yes.
The Shaykh : As long as her first waiting period has ended.
The questioner: Yes.
The Shaykh : The second one.
Abu Khalid: The second one.
The Shaykh : Is that not so?
The questioner: Yes.
The Shaykh : The second waiting period ended, so she became free with this divorce, as long as the waiting period has ended.
The questioner: Yes.
The Shaykh : So she can marry herself to him or to someone else, so just as she became free here, with her freedom she returned to her first husband with a new contract.
The questioner: Yes.
The Shaykh : So she is like a new wife; so does he have three divorces over her?
Abu Khalid: Meaning in this case, then, the man can marry a woman and divorce her more than three times as mentioned in the Qur'an;
The divorce is twice
الطلاق مرتانThe Shaykh : No, because in the Qur'an the verse is completed.
The questioner: Yes.
The Shaykh :
either keep [her] in an acceptable manner or release [her] with good treatment
فإمساك بمعروف أو تسريح بإحسانThe questioner: Yes.
The Shaykh : If he divorces her in the third [divorce].
The questioner: Yes.
The Shaykh : And she is with him in his protection.
The questioner: Yes.
The Shaykh : But this situation is not in his protection, the second situation is not in his protection.
The questioner : She is not in his protection.
The Shaykh : Yes.
Another questioner : But.
The questioner : Because the reality, the concept in this matter, meaning for a person or for most people, is that once she has been divorced twice, whether the waiting period ended and she was brought back with a contract, or she did not delay in one of the three divorces; so on this basis, there is a leeway for Muslims in this matter.
The Shaykh : Of course, but this divorce - my brother - mentioned in the Qur'an is the revocable divorce, so if the waiting period passes and she becomes free; then it is not a revocable divorce; because what is the meaning of revocable divorce? It means he takes her back into his protection against her will!
The questioner : During the waiting period.
The Shaykh : Yes, and as long as the situation asked about is that she became free because of the end of what? Her waiting period; so she is as if he married her anew, yes.
The questioner : Shaykh, in this situation, it is as if he is allowed to divorce her five times, not three?
The Shaykh : This is a repetition of the previous discussion, divorcing five after a waiting period or without a waiting period? During the waiting period or outside the waiting period.
The questioner : Regarding Abu Khalid’s question exactly.
The Shaykh : It is not regarding the answer that was directed to Abu Khalid.
The questioner : Meaning five times?
Another questioner: Have you finished, Abu 'Abdullah?
Another questioner: May Allah reward you with good.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.