Does the third and final divorce take effect after the husband has pronounced divorce twice previously, and does his anger and saying, "You are unlawful to me," affect the occurrence of divorce?
If a man divorces his wife with the third divorce, she becomes irrevocably separated from him (Baynunah Kubra) and is not lawful for him until she marries another husband. Anger does not prevent the divorce from taking effect unless the divorcing husband reaches a state where he does not comprehend what he is saying. If the husband has divorced his wife three times, and the wife mentioned that divorce is often on his tongue, then it is not permissible for her to return to him except by a ruling from a judge who confirms the invalidity of his divorce and examines his statement: "You are unlawful to me," and what he intended by it. If there are no Sharia courts available, it is not permissible for the woman to allow her husband to have intercourse with her as long as she knows that he has divorced her three times, according to the words of Allah Almighty: (And if he has divorced her [for the third time], then she is not lawful to him afterward until she marries another husband).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 38288
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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