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Is it permissible to take back one's wife after divorcing her three times while under the influence of medication, the compulsion of the mufti, and financial duress, knowing that she was menstruating during the third pronouncement of divorce?

2 min readAlso available in العربية

It is unlawful for a wife to seek divorce without a شرعي (Shar'i - Sharia-compliant/valid) excuse, based on the Prophet's (peace be upon him) saying: "Any woman who asks her husband for divorce without any [valid] cause, the fragrance of Paradise will be unlawful for her."

Regarding the ruling on the mentioned divorces: 1. The first divorce is valid and effective. Taking medication for depression does not prevent its occurrence if the one divorcing is aware of what he is saying. 2. The second divorce, if it occurred to save the wife from being killed, and it was highly probable that she would be killed if not divorced, then it is considered duress (ikrah) by some scholars, such as the Hanbalis. This is also the view preferred by Sheikh Al-Islam Ibn Taymiyyah. 3. The third divorce, if given in exchange for compensation, is a Khul' (dissolution of marriage initiated by the wife), and it is considered an irrevocable divorce (Talaq Ba'in) by the majority of scholars. Khul' is permissible during menstruation because it is not a divorce (Talaq) but rather a ransom (Fidya).

Divorce (Talaq) does not occur unless the wife is under the husband's marital bond at the time the pronouncement is made. If the three divorces occurred while the wife was under his marital bond, then the wife becomes unlawful to her husband and will not be permissible for him again until she marries another husband willingly and he divorces her after consummating the marriage.

If the number of divorces that occurred is less than three, she can be taken back, but with a renewal of the marriage contract if the last divorce was a Khul'.

It is not permissible to seek to separate a man from his wife, based on the Prophet's (peace be upon him) saying: "He is not from us who incites a woman against her husband." Separating a husband and wife is an abominable act and a sin.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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