What is the ruling regarding the return of a thrice-divorced wife to her husband, given that the first and second divorces were bid'i (innovative/unlawful) and occurred during a period of purity in which he had intercourse with her, and given that the husband believes they did not count, contrary to the fatwa of Sheikh Ibn Uthaymeen, which differentiates between the question arising during the waiting period ('iddah) or after it?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
If the questioner is seeking a fatwa regarding his case, the fatwa concerning bid'i divorce (innovated divorce) is that of the majority of scholars, which states that the divorce takes effect, due to the strength of their evidence. In this case, the wife becomes irrevocably divorced (baynunah kubra), and the occurrence of the divorce does not depend on the husband's belief. The words of Sheikh Ibn 'Uthaymeen reflect an approach he adopted, and perhaps he intended thereby to block the means leading to corruption.
Summarized from the full answer at Ftawy · imported
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- Ftawy
- Original fatwa ID
- 139030
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- Source text, unreviewed
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