What is the ruling on divorcing a wife twice in one period of purity after a previous divorce, and is she permissible for me after her 'iddah ends with a new contract or not?
It is forbidden for the wife to ask for divorce without a legitimate Shariah excuse, and whoever does so will be deprived of the scent of Paradise. Regarding the statement: "You are divorced, you are divorced," if you intended two divorces or did not intend anything, then two divorces are binding upon you. If you intended one and it was a confirmation of it, then it is only one, and this is the view of the majority of scholars. The majority of scholars believe that divorce is effective even if it occurs during a period of purity in which intercourse took place, while Ibn Taymiyyah believes that it is an innovative divorce (talaq bid'i) and does not take effect. Based on the preponderant view of the majority, if two divorces are binding in addition to the first divorce, then the wife becomes unlawful to him and is not permissible for him again unless she marries another man, he consummates the marriage with her, and then he divorces her. If only one divorce is binding and her waiting period (iddah) has expired, then she becomes permissible with a new contract. One must be careful of anger.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/121591
- Source platform
- Ftawy
- Original fatwa ID
- 121591
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy