Back to search
The question

Is it permissible to return to a wife after divorcing her three times: the first conditionally with a condition that was not met, the second in absentia and documented, and the third through khul‘?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

We advise referring to the competent authorities or the Dar al-Ifta ( Council). Some general rulings related to divorce are: 1. If the husband says to his wife: "If you do not do such-and-such, you are divorced," divorce occurs according to the majority of scholars if the condition is met. However, Shaykh al-Islam Ibn Taymiyyah held that an expiation for breaking an oath is due if the husband did not intend divorce. 2. For an absent divorce ( al-gha'ibi) to occur, it is not a condition for the wife to hear or know about it. Rather, it occurs simply by being issued by the husband, and its documentation confirms its occurrence. 3. Scholars differed on whether khul' (divorce at the wife's instance, usually for compensation) is a divorce or a فسخ (annulment of marriage). The majority considers it a definitive divorce that counts towards the three divorces, while some scholars held it to be an annulment and thus does not count.

The husband should not hasten to utter the word of divorce; instead, he should strive to resolve problems with wisdom.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
192708
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