What is the religious ruling regarding a wife who claims she was divorced three times and swears falsely to it, while her husband affirms that he divorced her once and then had intercourse with her during her waiting period?
If a man has intercourse with his revocably divorced wife before the expiration of her waiting period (iddah), this is considered a return (rajah) to her, whether he intended it or not. This return is valid and effective even if the wife does not consent, as long as it is the first or second divorce. However, if the wife claims that he divorced her thrice, her statement is not considered, because the right to pronounce divorce belongs to the husband. If he has intercourse with her after the expiration of the waiting period, this is considered unlawful fornication (zina), and he must repent. He cannot marry her again except with a new contract and a new mahr (dowry).
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/101980
- Source platform
- Ftawy
- Original fatwa ID
- 101980
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy