What is the ruling on a pregnancy resulting from a legitimate sexual relationship between spouses, but after the wife committed adultery? Is the child considered his? What is the ruling on divorcing the wife three times with a single utterance after discovering the adultery? Does it count as three or one? Is it permissible to take her back during the iddah if it was a single divorce?
This pregnancy is attributed to you, and your divorce is an irrevocable triple divorce. You cannot take her back unless she marries another man willingly, and he consummates the marriage with her, then divorces her, or dies, and her ' (waiting period) from him ends. This is the view of the majority of scholars. However, Shaykh al-Islam Ibn Taymiyyah and those who agreed with him held that a divorce pronounced as three counts constitutes a single divorce, and therefore, you may take your wife back within her 'iddah from this divorce. Some scholars also state that she does not need to undergo 'istibra' (a waiting period to ensure no pregnancy) from adultery; if the wife repents, the husband may have intercourse with her so that the child is attributed to him.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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