What is the ruling on the marriage of this man who divorced his wife with three pronouncements before consummating the marriage, without her knowledge, then consummated the marriage with her, and she is now pregnant?
If a man divorces his wife before consummation by saying: "Divorced, divorced, divorced," she becomes irrevocably divorced with the first pronouncement only. The second and third pronouncements do not take effect because the marital bond has been severed, whether he intended emphasis or multiple divorces.
If he then cohabits with her, his act is adultery, Allah forbid. He must separate from her immediately and offer sincere repentance to Allah.
Ignorance may be an excuse if he was unable to ask, but if he was negligent in seeking knowledge, then he is sinful.
The wife bears no sin if she was ignorant of the divorce, and she must separate from him immediately upon gaining knowledge.
As for the pregnancy, if the husband intentionally committed sin and was aware that the woman was unlawful for him, the lineage of the child is not attributed to him. However, if he believed the marriage was valid, then the lineage of the child is attributed to him.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 112226
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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