Is it permissible for me to marry my ex-wife after having pronounced "divorce" to her twice, and then the ma'dhun divorced her for the third time, knowing that I did not intend divorce on one of those occasions, and we have a child?
Most scholars are of the opinion that a wife is divorced upon the fulfillment of the condition on which her divorce was made contingent, whether the husband intended to effect the divorce or merely to threaten or prevent something. A divorce pronounced as "three" counts as three divorces. This is the prevailing .
However, some scholars (such as Ibn Taymiyyah) believe that divorce does not occur if the husband did not intend to effect it, but rather intended to threaten or prevent something, and in such a case, he is obligated to pay an expiation for breaking an oath (kaffarat ). They also hold that a divorce pronounced as "three" counts as a single divorce.
Accordingly, the prevailing fatwa is that the wife has been irrevocably divorced (bainunah kubra), and her husband has no way back to her unless she marries another man, and then that man divorces her or dies, and her waiting period () expires.
As for the view of Ibn Taymiyyah, the matter requires detailed examination based on the husband's intention, and it is advisable to present it to a court or trusted scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 137364
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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