Are the three divorces that occurred at distant intervals counted, and is it permissible for the wife to return to her husband?
The first divorce, if it occurs after the marriage contract but before consummation, is an irrevocable divorce ( bain). The divorced wife cannot return to her husband except through a new contract, a new dowry, a guardian (wali), and two witnesses. If the re-establishment of the marital relationship (irtija') is invalid, then the divorce based on it is not considered valid, and they must avoid each other until the new contract is concluded. If the re-establishment is valid, then two divorces remain. Regarding a divorce contingent upon a condition, there is a difference of opinion among scholars. The majority of them hold that the divorce takes place when the condition is met, while others differentiate between the intention for the divorce to occur and the intention to urge or prevent (in which case an expiation for a broken oath becomes obligatory). It is advisable to refer the matter to the court to resolve the dispute.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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