Are the three divorces that occurred within two months, without an intervening waiting period (iddah), considered definitive and do they forbid the wife to her husband, so that it is not permissible for him to take her back unless she marries someone else?
Divorce, whether explicitly stated or intended by an allusive phrase, becomes effective and applies to the wife if she is still under the husband's marital bond or within the waiting period (iddah). However, divorce after the iddah has ended does not take effect because the marriage has already concluded. If a husband divorces his wife with three pronouncements while she is still under his marital bond, she becomes irrevocably separated from him (baynunah kubra), and she is not permissible for him again until she marries another man and he divorces her after consummating the marriage. If the divorce is less than three pronouncements, the husband can reconcile with her before the iddah ends. If the iddah ends, she is not permissible for him except through a new marriage contract. Divorce that occurs during menstruation, post-natal bleeding (nifas), or during a period of purity in which intercourse took place, is considered effective according to the majority of scholars.
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- Original fatwa ID
- 116551
- Imported
- Translation status
- Source text, unreviewed
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