Is the third divorce considered a major irrevocable divorce (baynunah kubra), and is it obligatory to pay double the previously agreed upon mahr, knowing that the husband took his wife back within two weeks of the third divorce? Also, what if he had divorced his wife twice before that, and claimed in one of them that it should not be counted?
In a revocable divorce, the husband has the right to take back his wife before the expiration of her (waiting period) without requiring the consent of the wife or her guardian.
Therefore, the wife's father has no right to stipulate a doubling of the mahr (dowry) for her return.
Regarding the second divorce, if you have completed three divorces, your wife has become irrevocably separated from you ( bainunah kubra), and there is no way for you to return to her unless she marries another man—a marriage of genuine desire, not tahlil (a manipulative marriage for the sole purpose of making her lawful for her previous husband)—and then he divorces her or dies, and her iddah expires.
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- Original fatwa ID
- 139533
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