A woman asks: My husband divorces frequently. He has divorced me twice, and I returned to him under a new contract. Now he has divorced me again with three divorces, and he says that the new contract gives him the right to three divorces. Is this correct?
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The questioner : May Allah reward you with good. The woman says: My husband divorces frequently. He has divorced me twice, and I returned to him under a new contract.
The Shaykh : Divorced you twice?
The questioner : Twice.
The Shaykh : What is written in your document? What is written in your document?
The student: Twice.
The Shaykh : Twice?
The student: Yes.
The Shaykh : So, Allah willing, you have altered the written text and made a mistake. Yes, please proceed.
The student: I did not pay attention. And now he has divorced me again with three divorces, and he says that the new contract gives him the right to three divorces. Is this correct?
The Shaykh : The new contract, how do you mean? How?
The student: She says that he divorced her twice, twice, and then...
The Shaykh : He married her, meaning the waiting period ended and he married her?
The student: Yes.
The Shaykh : Yes, this is a mistake. The picture of the case is that he divorced his wife twice, the waiting period ended, and then he married her anew. He thought that the new contract nullifies the first divorce, but this is not correct. What nullifies the first divorce is for a man to divorce her three times, then for another man to marry her, and then for her to be separated from him by death or divorce. If she returns to the first husband, she returns with a new count, starting from the first. But if the divorce was not completed, the new marriage does not nullify the first divorce. Yes.
The questioner : May Allah reward you with good.
The Shaykh : Divorced you twice?
The questioner : Twice.
The Shaykh : What is written in your document? What is written in your document?
The student: Twice.
The Shaykh : Twice?
The student: Yes.
The Shaykh : So, Allah willing, you have altered the written text and made a mistake. Yes, please proceed.
The student: I did not pay attention. And now he has divorced me again with three divorces, and he says that the new contract gives him the right to three divorces. Is this correct?
The Shaykh : The new contract, how do you mean? How?
The student: She says that he divorced her twice, twice, and then...
The Shaykh : He married her, meaning the waiting period ended and he married her?
The student: Yes.
The Shaykh : Yes, this is a mistake. The picture of the case is that he divorced his wife twice, the waiting period ended, and then he married her anew. He thought that the new contract nullifies the first divorce, but this is not correct. What nullifies the first divorce is for a man to divorce her three times, then for another man to marry her, and then for her to be separated from him by death or divorce. If she returns to the first husband, she returns with a new count, starting from the first. But if the divorce was not completed, the new marriage does not nullify the first divorce. Yes.
The questioner : May Allah reward you with good.