Is it permissible for a man who remarried his wife, whom he had divorced with a triple तलाक (talaq), and who then became lawful for him after her divorce from her second husband, and after he remarried her, he divorced her again – is it permissible for him to take her back?
There is no harm for a man whose wife has become irrevocably divorced from him to marry her again with a new contract, a guardian, witnesses, and a dowry, provided that she had married another husband after the irrevocable divorce, a marriage of desire, and he had consummated the marriage with her and then divorced her or died, based on the Almighty’s saying: "And if he has divorced her [for the third time], then she is not lawful to him afterward until she marries another husband" (Al-Baqarah: 230). This marriage is not called a رجعة (revocation). Revocation is when a husband takes his wife back under his marital bond during her waiting period after a non-irrevocable divorce. If the first husband marries her after a second husband, his right to take her back is renewed as long as she has not exited her waiting period without a dowry, a guardian, or her consent. He also has the right to marry her after the waiting period with a dowry, a guardian, witnesses, and her consent.
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- Original fatwa ID
- 37442
- Imported
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