Is the questioner considered sinful against his children and wife, despite his patience with her harm and foul language, if he no longer wishes to return to her and hopes for the appeal to be rejected after all her abuse and transgressions?
A husband commits no sin by marrying another woman if he is capable of providing for and treating both justly, and his wife has no right to prevent him. The wife's actions of insulting and hitting her husband are impermissible, even if motivated by jealousy. If a man divorces his wife with a triple divorce by agreement, she is not lawful for him until she marries another man. If there is a dispute over the number of divorces, the judge's ruling resolves the dispute if his evidence is strong. If a final judgment from the court is issued confirming a triple divorce, she is not lawful for him until she marries another man in a marriage of desire, not a marriage of analysis [intended to make her lawful for the first husband]. If the judgment is that the triple divorce did not occur, then he may take her back. It is advised to choose a wife of religious commitment and to fulfill the rights of the divorced wife and the children's maintenance.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 72995
- 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
- Read the full answer on Ftawy