A dispute arose between me and my wife, so I went to her father's house and stayed there for a period of time. She sent me several messages requesting a divorce, so I divorced her in accordance with her wish, and a divorce document was written by a shaykh in the village in the presence of two witnesses and sent to her. Three years have passed since my divorce from her, and she has not married until now. I want to take her back. Is that permissible for me after this period and after the writing of the divorce document?
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The questioner : He says that a dispute arose between him and his wife, and she went to her father's house and stayed there for a period of time. She sent him several messages requesting a divorce, and he divorced her in accordance with her wish. A divorce document was written by the shaykh of the village in the presence of two witnesses and sent to her. The listener from Sudan says that three years have passed since the divorce from her, and she has not married until now. In his question, he says: I want to take her back. Is that permissible for me after this period and after writing her the divorce document? I ask you for guidance?
The Shaykh : Yes, it is permissible for you to take her back with a new, lawful marriage contract, unless the divorce you pronounced on her was the third. If it was the third, she is not lawful for you until she marries another husband, as Allah, Blessed and Exalted is He, said: up to His saying: [Al-Baqarah 2:230] So if you desire to return to your family, propose to her anew and carry out what is obligatory for the lawful marriage contract, provided that this divorce is not the third. ... If it is the third divorce, she is not lawful for you until she marries another husband ... a marriage for the sake of desire, not a marriage for the sake of making her lawful, and she must be separated from him by death or divorce, and her waiting period must be completed; only then is she lawful for you. Yes.
The questioner : May Allah reward you. The listener to the program has coded his name as Ali A A.
The Shaykh : Yes, it is permissible for you to take her back with a new, lawful marriage contract, unless the divorce you pronounced on her was the third. If it was the third, she is not lawful for you until she marries another husband, as Allah, Blessed and Exalted is He, said:
Divorce is twice
الطَّلاقُ مَرَّتَانِAnd 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
فَإِنْ طَلَّقَهَا فَلا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنكِحَ زَوْجًا غَيْرَهُThe questioner : May Allah reward you. The listener to the program has coded his name as Ali A A.