What is the ruling regarding a man who returns to his wife after a divorce that lasted for years, knowing that he had uttered the divorce more than once? Is she forbidden to him based on his previous utterances, or is it permissible for him to return to her if it was only one divorce that was confirmed by intention or writing? And is this return valid with just two witnesses without an official contract or a dowry?
"To rule on this matter, the husband must be interviewed to ascertain the truth of the situation, as he might be lying, or he might believe something is forbidden when, according to , it is not. If he divorced her three times, with a return (revocation) between each divorce, then she has become irrevocably divorced from him (baynunah kubra), and she is not lawful for him unless she marries another man willingly, and then that man divorces her, and her waiting period () ends. If he took her back after the triple divorce without this condition, then cohabiting with her is unlawful, and they must be separated. If he divorced her fewer than three times, and her waiting period ended without a return (revocation), then he does not have the right to take her back except with a new contract that fulfills its conditions for validity (a guardian and witnesses). A contract without a guardian is invalid according to the majority of scholars. A clear divorce pronouncement takes effect without the need for intention, and anger does not prevent its occurrence unless it reaches a degree of loss of awareness. The reference for these matters is the Sharia courts, Islamic centers, or trusted scholars."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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