Ruling on taking back a pregnant woman who has been divorced three times
Machine translationRead the Arabic original
Question:
The listener, Al-'Awni Abu 'Aunaynah, it seems, sent a question saying: A man divorced his wife three times, and the third divorce occurred while she was pregnant. He instructed his aunt to go to his wife to take her back before the birth. The aunt came and said loudly in front of the wife and some relatives: "We have taken her back." Consequently, the wife returned to her husband. What is the ruling on this action? May Allah reward you with good.
Answer:
This action is invalid. There is no taking back of the woman, nor of the husband, in such a case, as long as he has divorced her with the final third divorce, even if she is pregnant.
She is forbidden to him until she marries another husband, unless there is something in the two previous divorces that necessitates their non-occurrence or the non-occurrence of one of them. Otherwise, the divorce of a pregnant woman is effective. The divorce of a pregnant woman is a lawful divorce. The Prophet (peace and blessings be upon him) said to Ibn 'Umar:Jami` at-Tirmidhi 1176Sahih (Darussalam) meaning: without sexual intercourse. If he divorced her without sexual intercourse while she was pregnant, or divorced her while she was pregnant, all of it is a lawful divorce. The only reprehensible thing is to divorce her during menstruation, or during post-natal bleeding, or during a period of purity in which he had intercourse with her. This is what is not permissible. As for the divorce of a pregnant woman, it is a lawful divorce, but some of the common people think that the divorce of a pregnant woman does not take effect, out of ignorance.
So this man who divorced his wife with the third divorce while she was pregnant, his divorce is effective, if there is no impediment, if he is sane and there is no impediment, then his divorce is effective. And so with the two previous divorces, if there is nothing in them that necessitates their non-occurrence or the non-occurrence of one of them, then the divorce has proceeded, and she is not lawful to him until she marries another husband; because Allah the Exalted says: [al-Baqarah: 230] meaning: the third [al-Baqarah: 230].
So it is obligatory for the believer in such a case to be careful and not to rush. As for sending the woman to say: "We have taken her back," this is something with no basis or foundation. Rather, it is one of the superstitions of the common people.
But the two previous divorces must be examined. If they occurred during a period of purity without sexual intercourse, or during a state of pregnancy, then they have occurred, and the three are complete. He has no return to her except after a lawful husband, after a husband who has intercourse with her in a lawful marriage, then he separates from her by death, or divorce, and Allah is the Helper.
The presenter: And Allah is the Helper, may Allah reward you with good.
The listener, Al-'Awni Abu 'Aunaynah, it seems, sent a question saying: A man divorced his wife three times, and the third divorce occurred while she was pregnant. He instructed his aunt to go to his wife to take her back before the birth. The aunt came and said loudly in front of the wife and some relatives: "We have taken her back." Consequently, the wife returned to her husband. What is the ruling on this action? May Allah reward you with good.
Answer:
This action is invalid. There is no taking back of the woman, nor of the husband, in such a case, as long as he has divorced her with the final third divorce, even if she is pregnant.
She is forbidden to him until she marries another husband, unless there is something in the two previous divorces that necessitates their non-occurrence or the non-occurrence of one of them. Otherwise, the divorce of a pregnant woman is effective. The divorce of a pregnant woman is a lawful divorce. The Prophet (peace and blessings be upon him) said to Ibn 'Umar:
divorce her while she is pure or pregnant
طلقها طاهرًا أو حاملًاSo this man who divorced his wife with the third divorce while she was pregnant, his divorce is effective, if there is no impediment, if he is sane and there is no impediment, then his divorce is effective. And so with the two previous divorces, if there is nothing in them that necessitates their non-occurrence or the non-occurrence of one of them, then the divorce has proceeded, and she is not lawful to him until she marries another husband; because Allah the Exalted says:
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 it is obligatory for the believer in such a case to be careful and not to rush. As for sending the woman to say: "We have taken her back," this is something with no basis or foundation. Rather, it is one of the superstitions of the common people.
But the two previous divorces must be examined. If they occurred during a period of purity without sexual intercourse, or during a state of pregnancy, then they have occurred, and the three are complete. He has no return to her except after a lawful husband, after a husband who has intercourse with her in a lawful marriage, then he separates from her by death, or divorce, and Allah is the Helper.
The presenter: And Allah is the Helper, may Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
