Is it permissible for a wife to return to her husband who divorced her before consummation, then took her back and she bore him children, knowing that he divorced her after the children were born and both of them wish to reconcile?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
A divorce before consummation is considered a minor irrevocable divorce (baynunah sughra). Returning to a divorced woman before consummation is only permissible with a new marriage contract. Your brother-in-law's cohabitation with your sister is considered a doubtful act (), and any children born from it are attributed to him. They must be separated immediately. If he wishes to marry her, a new contract is essential. As for the second divorce that occurred, it is null and void because it did not apply to a valid subject.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/56098
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 56098
- 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