Is it permissible or forbidden for a wife to reside with her husband in the same house after her husband swore to divorce her three times on previous occasions and then officially divorced her, given the conflicting fatwas regarding whether these divorces took place?
If the husband swore by triple divorce in three separate instances, and the wife violated his oath after each swearing, and he took her back after each divorce, then she is considered irrevocably divorced from him with a major divorce (baynunah kubra). However, if he did not take her back after the first or second divorce, she is considered irrevocably divorced with a minor divorce (baynunah sughra), and he is permitted to take her back with a new contract and dowry. If one of the divorces was invalid due to extreme anger, then the three divorces were completed by his divorce at the marriage officiant's (ma'dhun). The officiant's statement that divorce during a period of purity (tuhr) does not occur is incorrect. What he might have meant is divorce during a period of purity in which he had sexual intercourse with her, and this is a view held by some scholars, although the preponderant opinion is that the divorce occurs, albeit sinful. The questioner is advised to consult well-grounded scholars or the Sharia courts.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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