Back to search
The question

Does a paper written by the husband by hand and given to one of his children to deliver to their mother count as a first divorce out of three, or is the wife considered divorced by it?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

1. A written divorce takes effect if the husband intends it; otherwise, nothing is upon him. If you intended it, you are bound by one divorce unless you intended more, and you still have two divorces remaining. You may take back your wife before her waiting period () ends (three menstrual cycles, or three months, or delivery if she is pregnant).

2. The marital bond is severed by three divorces. After the third divorce, she is not lawful for him until she marries another husband, in fulfillment of the Almighty’s saying: "Divorce is twice. Then, either keep [her] in kindness or [release her] with good treatment."

3. The waiting period (iddah) is the duration a woman stays to ascertain the emptiness of her womb, or for worship, or to mourn her husband. It is not the three stages of divorce by which the marital bond is severed.

4. A wife's dislike at the time of marriage does not invalidate the marriage contract.

5. Patience with the wife and overcoming problems between spouses is preferable to divorce, especially with the presence of children and a long shared life.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
123981
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy