Is it permissible to take back a wife after divorcing her three consecutive times in one sitting, and what is the procedure for taking her back?
The husband's utterance of "divorced" (ṭāliq), if intended as a divorce, then it has occurred. If he repeats the word intending to effect three divorces, then his wife becomes irrevocably divorced from him (baynūnah kubrā) and is not permissible for him until she marries another man (a marriage of desire) and he consummates the marriage with her, and then divorces her or dies, and her ' (waiting period) expires. However, if he repeats the word merely for emphasis, or without intention, only one divorce occurs. So if he says, "You are divorced, divorced, divorced," and intends emphasis, it is accepted from him. If he intends to effect three divorces, then three divorces occur. If he has no intention, only one divorce occurs. If the divorce is revocable, he has the right to take back his wife before the expiration of her 'iddah, which is three menstrual cycles, or delivery of the pregnancy, or three months. If her 'iddah expires, he does not have the right to take her back except with a new marriage contract.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 132817
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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