Back to search
The question

What is the religious ruling on a husband having conjugal relations with his wife who was divorced twice before consummation and once after, then was taken back, and she refuses conjugal relations claiming it is forbidden for him?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If a man divorces his wife before consummation, she is not required to observe an (waiting period) and there is no right of return (ruj'ah). She becomes irrevocably separated from him by the mere act of divorce, based on the statement of Allah (the Most High): "O you who have believed, when you marry believing women and then divorce them before you have touched them, then there is no iddah [period] for you to count concerning them."

If the reconciliation mentioned was effected with a new contract that fulfilled the conditions (guardian, two witnesses, and mahr), then she is his wife and he retains two divorces. The first divorce before consummation is counted.

However, if the reconciliation was without a contract, she is not his wife, and cohabitation in this case is considered an invalid marriage. The two previous divorces are not counted because they occurred in an improper context.

In all cases, the children are attributed to the man due to the presumption of intercourse (shubhat al-wat'). It is advisable to refer the matter to a judge or a court.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
37915
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy