Is it valid for a wife to return to her husband after he has divorced her three times: the first time while she was pregnant, and he took her back during her waiting period; the second time he told her, "By Allah, divorce by three if you don't send the clothes," and she sent them; and the third time he divorced her during a period of purity in which he had intercourse with her?
The first divorce () occurred because it took place during pregnancy, and divorcing a pregnant woman is a divorce (talaq al-sunnah) that is valid by the consensus of scholars. The second divorce did not occur because the condition for divorce, which was not sending clothes, was not met. The third divorce, which occurred during a period of purity in which he had intercourse with her, is considered valid by the majority of scholars. As for a divorce expressed through
allusion (talaq al-kinayah), it only occurs if there was an intention to divorce. The husband should consult religious authorities to determine the ruling on his intention. If the allusive expressions were not fulfilled (i.e., not accompanied by the intention to divorce), then there is no blame upon them for returning to each other, and the default is the continuation of the marital bond.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/9050
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 9050
- 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