Is maintenance obligatory — maintenance for the waiting period or for consolation — for the husband after divorcing his wife for the second time, knowing that there are no children between them, and is it permissible for him to divorce her a third time to waive maintenance from her?
If the divorce is revocable (ṭalāq rajʿī), the husband is obligated to provide for his wife's maintenance () and lodging (suknā) until her waiting period (ʿiddah) ends. As for the compensatory gift (mutʿah), there is a difference of opinion regarding its obligation. If the husband divorces his wife with the third pronouncement (ṭalāq), she becomes irrevocably separated from him with a major separation (baynūnah kubrā), and he is not obligated to provide for her maintenance or lodging unless she is pregnant. Some scholars are of the view that divorcing with three pronouncements in a single utterance or in a single period of purity is a forbidden innovation (bidʿah muḥarramah), as Ibn Taymiyyah mentioned that its perpetrator is considered an innovator by most scholars, such as Malik, Abu Hanifa, and Ahmad.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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