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Does the third divorce of a wife take effect if it occurred during a period of purity in which the husband had intercourse with her, and is it permissible for the husband to adopt the fatwa that the divorce does not take effect in this case to take her back, or by researching previous divorces that occurred more than three years ago, and what are the Sharia requirements for the husband to take her back?

1 min readAlso available in العربية

Scholars differed concerning the Bid'i divorce (innovated divorce), and the fatwa adopted by us is that it occurs. So, if you acted in the first two cases (divorce during menstruation and during a period of purity in which he had intercourse with her) according to the opinion of those who rule that it occurs, you cannot retract that.

As for the last incident, if someone you trust issued a fatwa to you that it did not occur, then there is no blame upon you for adopting their opinion. Some scholars have stipulated that the meaning of their saying, "There is no taqlid (following) after acting," is that if a person acted once on an issue and carried it out, he cannot retract it. However, if that incident occurs a second time, he may adopt the opinion of another imam.

What you mentioned, that the first two divorces occurred three years ago, does not negate their occurrence. We advise deliberation and not rushing into divorce, because regret may be its consequence.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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