Is the husband's revision of his wife, whom he divorced for the second time—and who was pregnant—by sexual intercourse after successive divorces and before the 'iddah ended, considered valid despite the family's rejection? And must she observe the 'iddah upon his death if her 'iddah has ended and he did not revise her?
If the husband did not intend, by saying "taliq, taliq, taliq" (divorced, divorced, divorced), to effect more than one divorce, then only one divorce occurs. If this was the second divorce, he can take back his wife during her ' (waiting period) without needing the knowledge of her family or the wife herself. The revocable return is considered complete simply by having intercourse during the 'iddah. In this case, the wife is still under her husband's marital bond and must observe the 'iddah of death if the husband dies after she gives birth.
However, if the husband intended to effect more than one divorce, or if this was the third divorce, then the wife has become irrevocably divorced from him (baynunah kubra) and is no longer lawful for him. She is not obligated to observe the 'iddah of death if he dies. Given the details and differences of opinion among scholars on these matters, it is advisable to present the case to a court or trusted scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/132248
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 132248
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy