Is it permissible for a man to marry his divorced wife, after a revocable divorce, after he has informed her that he does not want to marry her again, and that there is no relationship between them except for the children, and after his saying to her: "Go marry someone else"?
A husband has three scenarios for taking back his divorced wife:
1. If she is within her waiting period (iddah) and he did not intend divorce by the three phrases: He can take her back by saying, for example, "I take you back," or by an action such as cohabiting with the intention of taking her back, in accordance with the Almighty's saying: (Divorce is twice. Then, either keep her in an acceptable manner or release her with kindness).
2. If her waiting period (iddah) has ended, or if he uttered the phrases without intending divorce: She can be taken back with a new contract and a new dower, because divorce only applies to the wife, and ambiguous divorce expressions (kinayat) are not considered a divorce unless there is an intention.
3. If he uttered the phrases before the waiting period (iddah) expired and intended divorce by them: A triple divorce occurs according to the majority of scholars, and consequently, she does not become lawful for him until she marries another man in a marriage of desire, and he consummates the marriage with her, and then he divorces her. After her waiting period (iddah) from him ends, he can marry her with a new contract and a new dower, as per the Almighty's saying: (And if he has divorced her [for the third time], then she is not lawful to him afterward until she marries another husband. And if he [new husband] divorces her, there is no blame upon them both if they return to each other and assume that they will maintain the limits of Allah).
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- Original fatwa ID
- 142715
- Imported
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