Is a divorce pronounced by a husband upon his wife before the court issues a ruling of divorce due to harm considered an irrevocable divorce, or a revocable divorce after which he can take her back?
Minor Irrevocable Divorce (Baynunah Sughra): This occurs when the waiting period (iddah) ends after the first or second divorce. It does not prohibit the woman from her husband, and it is permissible for him to marry her again with a new contract, without the condition of her marrying another man. Major Irrevocable Divorce (Baynunah Kubra): The woman is not permissible for her husband until her waiting period ends and she marries another man in a desired marriage, consummates it with him, then he divorces her, and she completes her waiting period. Only then does she become permissible for her first husband.
A divorce ruled by a judge is considered a minor irrevocable divorce. This means the husband does not have the right to take his wife back during her waiting period, but he may re-contract with her with her consent. A judge's divorce alone does not equate to a triple divorce and does not prohibit the wife from her husband.
Therefore, the questioner does not need to divorce his wife before the judge's ruling. It is better for him to strive to reconcile with her and remove the cause of her complaint.
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