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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is the wife permissible to her husband after the third divorce?

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Question:
The listener, Abd al-Rabb al-Nabi Ahmad Abd al-Maqsud Yunis, sent a message containing one question regarding divorce. He says: A man divorced his wife with the first divorce, then took her back, then divorced her with the second, and took her back, then divorced her with the third; is she permissible to him, or not?

Answer:
Allah (Exalted and Majestic is He) said:
And 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 himفَإِنْ طَلَّقَهَا فَلا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنكِحَ زَوْجًا غَيْرَهُ
[al-Baqarah:230] When he divorces her the third time, it is finished; it is the last thing. The lawful divorce is one after another: he divorces her once, then takes her back, then if he divorces her the second time and has the desire, he takes her back, then the third; there is no taking back after it, provided that each one is effective.
As for if there is an obstacle to the effectiveness of some of the divorces, this is looked into from the perspective of the mufti. His case is presented to the mufti, the legal scholar, so that he may look into how the three divorces took place. If there are causes that prevent some of these divorces from taking effect, he issues a ruling for him and informs him. But if the divorces are effective; he divorced her with an effective divorce, and took her back, then divorced her with an effective divorce, then took her back, then divorced her the third time; she is forbidden to him until she marries another husband.
Or if he said: "Divorced," then "Divorced," then "Divorced," and she is pregnant, or in a state of purity in which he did not have intercourse with her; then she is forbidden to him by that, and she has become separated from him. But if she was in a state of purity in which he had intercourse with her, or in a state of menstruation or post-natal bleeding; this is a matter of disagreement among the scholars. The majority of scholars are of the opinion that the divorce takes effect, that the divorce occurs during menstruation and post-natal bleeding, and during the purity in which intercourse took place, provided she is not pregnant and not a woman who has passed the age of menstruation.
And some of the scholars held the view that it does not take effect; because it is authentic from the Prophet (peace and blessings be upon him), from the hadith of Ibn 'Umar (may Allah be pleased with them both), that he ordered him to take her back when he divorced her while she was menstruating, and he said to his father, 'Umar:
Command him to take her back and keep her till she is purified (from menses), has another period, and is then purified. If he then wishes he may keep her and if he wishes he may divorce her before having intercourse with her.مره فليراجعها، ثم ليمسكها حتى تطهر، ثم تحيض ثم تطهر، ثم يطلقها -إن شاء- قبل أن يمسها
Bulugh al-Maram 8:120
And in a narration: that he did not consider it a divorce, he said: ... he did not consider it a divorce, and he said:
When she is pure, then either divorce her or retain herإذا طهرت؛ فليطلق، أو ليمسك
Sahih Muslim 1471s
.
This is the stronger position: that it does not take effect in this state, during menstruation and post-natal bleeding, and during the purity in which intercourse took place, provided she is not pregnant and not a woman who has passed the age of menstruation, except if a judge rules on it, meaning: a qadi rules on it and upholds it following the majority; then it is upheld; because the ruling of the judge removes the disagreement.
And it is obligatory for the believer not to divorce except in the lawful manner. He should not hasten in divorce. It is obligatory that he divorce in a lawful manner while she is pregnant, or while she is in a state of purity that does not include intercourse. This is the lawful divorce, except if she is a woman who has passed the age of menstruation, of advanced age; then he may divorce her whenever he wishes, as she has no specific time for divorce due to her advanced age.
And likewise, if she is pregnant, he may divorce her, due to the saying of the Prophet (peace and blessings be upon him) to Ibn 'Umar:
divorce her while she is pure or pregnantطلقها طاهرًا، أو حاملًا
Jami` at-Tirmidhi 1176Sahih (Darussalam)
meaning: in a state of purity that does not include intercourse, or while pregnant.
And in any case, what is prescribed for the believer if he intends divorce is to divorce with insight, and not to hasten. If she is pregnant and he wants to divorce her; there is no harm. Or if she is in a state of purity in which he did not have intercourse; there is no harm. But during menstruation, or during post-natal bleeding; the divorce is an innovation and not permissible. Or during a purity in which he had intercourse, and she is not pregnant, and not a woman who has passed the age of menstruation, but is young; then the divorce is not permissible in this case, rather it is an innovation; due to the hadith of Ibn 'Umar mentioned. And Allah (Exalted and Majestic is He) says:
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting periodيا أيها النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ
[al-Talaq:1] The scholars said: The meaning of
their waiting periodsلعدتهن
is: that they be in a state of purity without intercourse, or pregnant. This is the meaning of their waiting period
then divorce them during their waiting periodفطلقوهن لعدتهن
that she be in a state of purity in which he did not have intercourse with her, or a woman who has passed the age of menstruation, or pregnant. This is the divorce for the waiting period.
So it is obligatory for the believer to seek the lawful divorce, and to obey the command of Allah and to beware of the innovative divorce which the Prophet (peace and blessings be upon him) condemned and became angry with those who did it. And by that, he will not fall into difficulty. If he seeks the Sunnah, he will not fall into difficulty. Yes.

The presenter: May Allah reward you with good. From the wonders, O Shaykh, is that you would be generous in speaking about this topic. I have a message from the listener (B. M. M) from Dammam, who asks and says: Does a divorce other than the Sunnah, meaning: in a purity in which the couple had intercourse, take effect? May Allah reward you with good.

The Shaykh: The speech on this has preceded, and that it does not take effect, on the correct view, if it is in a purity in which he had intercourse with her, and she is not pregnant and not a woman who has passed the age of menstruation. But if she is pregnant or a woman who has passed the age of menstruation; the divorce takes effect, even if he had intercourse with her. But if she is in a purity in which he did not have intercourse with her, and she is not pregnant, and not a woman who has passed the age of menstruation; then it does not take effect, on the correct view; due to the hadith of Ibn 'Umar where he was ordered to divorce her before he touched her. Yes.

The presenter: May Allah reward you with good.
Source binbaz.org.sa

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

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