What is the ruling on a husband taking back his wife after a final divorce certificate has been issued based on the husband's statement that this is the third divorce, given his desire to take her back and his claim that he was ignorant and angry at the time he uttered the divorce?
If you have divorced your wife with three pronouncements of divorce, she has become irrevocably separated from you (baynunah kubra). She is not lawful for you unless she marries someone else, and then that person separates from her after consummating the marriage. Anger does not prevent the occurrence of divorce as long as the person uttering it is aware of what he is saying. The claim of ignorance regarding the ruling of divorce is not accepted from one who resides in Muslim lands, except for those who are new converts to Islam or those who grew up in a remote desert area. If you presented the matter to the court and provided incorrect information to the judge, his ruling is not valid in reality (fi al-batin), and you must return to the court to rectify the matter to align with the truth.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/139964
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 139964
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy