Back to search
The question

Has the divorce occurred with the third divorce oath you uttered while having intercourse with your wife, without being certain whether or not you were in a state of ritual impurity (janabah), and is your wife still lawful for you, or has she become unlawful for you?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If you have divorced your wife with three pronouncements of divorce, she has become irrevocably separated from you with a major (al-kubra) separation. She does not become lawful for you again until she marries another husband. She is now a stranger to you, and everything that is unlawful for you from a strange woman is unlawful for you from her. What was said to you in Al-Azhar, that divorce does not occur if you were in a state of janabah (major ritual impurity), may come from those who hold the view that a bid'ah (innovative/unlawful) divorce does not occur, such as divorcing a menstruating woman or during a period of purity in which one had intercourse with her. This type of divorce is unanimously prohibited, but the majority of scholars hold that it occurs, while some, like Sheikh Al-Islam Ibn Taymiyyah, are of the opinion that it does not occur. The preponderant view is that of the majority, which is that the divorce does occur.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
48426
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy