What Follows from Revocable and Irrevocable Divorce
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Question:
If a man divorces his wife and three menstrual cycles have passed, is this considered one divorce or three? And if he says to her at the beginning of each month from that point on, “You are divorced,” what is the ruling?
Answer:
If he divorced her with a single divorce and left her until she completed her waiting period, then it is a single divorce. Once she has completed her waiting period, she is separated from him and becomes lawful for other husbands. If he wishes to return to her with a new contract, there is no harm, provided he divorced her only once or twice. Once she exits the waiting period, he may return to her through a new marriage, just like a stranger. He may propose to her if she is willing and her family agrees to marry her.
As for during the waiting period, he may take her back during the waiting period... He must witness two men that he has taken back his wife, as long as she is in the waiting period before the three menstrual cycles pass over her, if she menstruates, or before three months pass, if she does not menstruate, or before the pregnancy ends, if she is pregnant. He may take her back, whether it was a first or second divorce.
As for if he divorced her with the third of the three, the final divorce, then she becomes forbidden to him until she marries another husband. He has no right to return to her except after a husband marries her and has lawful sexual intercourse with her. He must marry her and have intercourse with her; it must not be a marriage for the purpose of facilitating remarriage, but a marriage of desire. A lawful husband who desires her marries her, then has intercourse with her, and then divorces her afterward, or dies from her. Then it is permissible for the one who divorced her with the third of the three to marry her afterward.
If a man divorces his wife and three menstrual cycles have passed, is this considered one divorce or three? And if he says to her at the beginning of each month from that point on, “You are divorced,” what is the ruling?
Answer:
If he divorced her with a single divorce and left her until she completed her waiting period, then it is a single divorce. Once she has completed her waiting period, she is separated from him and becomes lawful for other husbands. If he wishes to return to her with a new contract, there is no harm, provided he divorced her only once or twice. Once she exits the waiting period, he may return to her through a new marriage, just like a stranger. He may propose to her if she is willing and her family agrees to marry her.
As for during the waiting period, he may take her back during the waiting period... He must witness two men that he has taken back his wife, as long as she is in the waiting period before the three menstrual cycles pass over her, if she menstruates, or before three months pass, if she does not menstruate, or before the pregnancy ends, if she is pregnant. He may take her back, whether it was a first or second divorce.
As for if he divorced her with the third of the three, the final divorce, then she becomes forbidden to him until she marries another husband. He has no right to return to her except after a husband marries her and has lawful sexual intercourse with her. He must marry her and have intercourse with her; it must not be a marriage for the purpose of facilitating remarriage, but a marriage of desire. A lawful husband who desires her marries her, then has intercourse with her, and then divorces her afterward, or dies from her. Then it is permissible for the one who divorced her with the third of the three to marry her afterward.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
