Is the wife still permissible after being divorced three times, bearing in mind that the first two divorces occurred without remembering whether the wife was in a state of purity during which the husband had not had intercourse with her, and the third divorce occurred while she was menstruating, and the last divorce occurred in a state of extreme anger?
First: Divorcing a menstruating woman is not valid according to the more preponderant opinion.
Second: The divorce is for a man to divorce his wife with a single pronouncement during a period of purity in which he has not had intercourse with her. If he has had intercourse with her, then it is a Bid'ah (innovative) divorce and is not valid according to the more preponderant opinion. Whoever divorces and does not remember whether he had intercourse with his wife or not, the divorce is valid because the default is its occurrence. And whoever counts his Bid'ah divorce due to his own , or imitation, or the of a , his divorce is effective, and he is not allowed to reconcile with his wife if he has divorced her for the third time, because this is a forbidden trickery.
Third: Divorce during anger has details, and based on these details, the validity of the third divorce pronouncement is determined.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 9534
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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