What is the ruling on a man marrying a woman he divorced thrice, and he asks about the possibility of her returning to him, based on the premise that the marriage contract was not valid because it was conducted with the wife's mother as her guardian, despite the husband knowing that her mother was her guardian, and the documented contract was attended by the notary and other parties, and the offer and acceptance took place?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
Repentance from a forbidden relationship is obligatory, provided its conditions are met.
If the marriage contract was concluded according to the Madhhab of Abu Hanifa, it is valid. This is because he holds the view that it is permissible for a woman to marry herself off, and that a marriage is valid with the testimony of one man and two women. Furthermore, the one who pronounces the talqeen can serve as a witness.
If the wife has been divorced three times, she has become irrevocably separated from you with a major baynunah. She is not permissible for you to remarry until she marries another man, and he then divorces her or dies.
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