What is the religious ruling on the two divorces that occurred in my case, knowing that consummation did not take place until after the first divorce, merely by breaking the hymen, and that my husband is not sexually aroused by me?
Touching and kissing are considered by some jurists as consummation (dukhūl) with the wife, and valid seclusion (khalwah ṣaḥīḥah) takes the place of consummation. If the husband utters an oath of divorce after consummation or valid seclusion, it is a revocable divorce (ṭalāq rajʿī) if he intended to pronounce divorce, and he has the right to take back his wife. As for the second divorce, if the husband pronounced it while conscious, it has occurred, unless he was unaware of what he was saying due to extreme anger. The ruling on repeating divorce varies depending on the intention of the divorcer and his الفاظ (wordings), and the matter requires further inquiry from scholars to determine the number of divorces. The spouses must be keen on living together amicably and avoiding problems and words of divorce. If the husband cannot live amicably, he should separate with kindness. It is the wife’s right that her husband protects her chastity.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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