Ruling on one who has divorced his wife three times and wants to take her back
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Question:
His second question says: I am a man married to my cousin, and I have two children from her. Because she quarrels and insults me frequently, I once became angry with her and divorced her for the first time. Then I contracted a new marriage with her and took her back. That was about three years ago. Another time, for the same reason, I divorced her twice in separate instances, with about four months between them. She left my house and moved to live near my house. I am the closest person to her, as she is an orphan and has no guardian other than me after Allah. I have desired to take her back out of consideration for her circumstances and for my children from her, and because she has regretted what she used to do to me. I asked about the possibility of taking her back, and I was told: It is necessary for another man to marry her, because she is considered a final divorcee from me. What is the correct solution in this case?
Please inform us, may Allah reward you.
Answer:
Yes, if the situation is as you described, that you divorced her first with one divorce, then contracted a marriage with her after the waiting period, and then divorced her with two separate divorces, this completes the three. She is not lawful for you again except after another husband; because Allah the Exalted said: [al-Baqarah: 230], meaning: the third divorce [al-Baqarah: 230].
So if she marries a lawful husband, not for the purpose of a dissolving marriage (tahlil), but marries him in a lawful marriage, and the husband has intercourse with her, then divorces her, or dies from her, and she completes her waiting period, there is no harm in you taking her back. Because after the third divorce, there is no taking back; rather, it is necessary for a lawful husband, not a dissolving husband, but a lawful husband who marries her out of desire. If he has intercourse with her and then divorces her afterwards out of desire, or dies from her, she becomes lawful for the husband who divorced her three times in separate instances. Yes.
His second question says: I am a man married to my cousin, and I have two children from her. Because she quarrels and insults me frequently, I once became angry with her and divorced her for the first time. Then I contracted a new marriage with her and took her back. That was about three years ago. Another time, for the same reason, I divorced her twice in separate instances, with about four months between them. She left my house and moved to live near my house. I am the closest person to her, as she is an orphan and has no guardian other than me after Allah. I have desired to take her back out of consideration for her circumstances and for my children from her, and because she has regretted what she used to do to me. I asked about the possibility of taking her back, and I was told: It is necessary for another man to marry her, because she is considered a final divorcee from me. What is the correct solution in this case?
Please inform us, may Allah reward you.
Answer:
Yes, if the situation is as you described, that you divorced her first with one divorce, then contracted a marriage with her after the waiting period, and then divorced her with two separate divorces, this completes the three. She is not lawful for you again except after another husband; because Allah the Exalted said:
If he divorces her
فَإِنْ طَلَّقَهَاshe is not lawful to him afterward until [after] she marries a husband other than him
فَلا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنكِحَ زَوْجًا غَيْرَهُSo if she marries a lawful husband, not for the purpose of a dissolving marriage (tahlil), but marries him in a lawful marriage, and the husband has intercourse with her, then divorces her, or dies from her, and she completes her waiting period, there is no harm in you taking her back. Because after the third divorce, there is no taking back; rather, it is necessary for a lawful husband, not a dissolving husband, but a lawful husband who marries her out of desire. If he has intercourse with her and then divorces her afterwards out of desire, or dies from her, she becomes lawful for the husband who divorced her three times in separate instances. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.