Is it permissible for a man to return to his divorced wife, whom he divorced three times before consummating the marriage, based on a fatwa that divorce before consummation is not considered irrevocable?
If a man divorces his wife whom he has not consummated with, by uttering three divorces in a single pronouncement, the majority of scholars hold that all three divorces take effect, leading to a major irrevocable divorce (baynunah kubra). She does not become lawful for him again until she marries another man. However, Sheikh Al-Islam Ibn Taymiyyah is of the opinion that it is considered a single divorce, and he is permitted to marry her again with a new contract and dowry.
As for a man who divorces his wife whom he has not consummated with, and then repeats the divorce without immediate succession, only the first divorce takes effect, leading to a minor irrevocable divorce (baynunah sughra). He is permitted to marry her again with a new contract and dowry, and she does not have an (waiting period) because she was divorced before consummation.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 34995
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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