What is the ruling on a husband taking back his wife after divorcing her three times with the intention of it counting as one, then divorcing her a second time over the phone, and does this require a new marriage contract?
If the situation is as described, then the husband has the right to take back his wife before the expiration of her waiting period () without a new contract or witnesses, based on the Almighty’s saying: "And their husbands have a greater right to take them back during this period," and His saying: "Divorce is twice. Then, either keep [her] with acceptance or release [her] with kindness." Repeating a divorce with the intent of emphasis counts as only one divorce. Based on this, the first divorce counts as one pronouncement, and the second as another pronouncement, leaving the husband with one pronouncement remaining. If he pronounces it, his wife becomes unlawful to him until she marries another man. One must fear Allah and avoid jeopardizing the marriage with words of divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 97093
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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